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or in which the laws for the relief of the poor are administered by a County Rates. board of guardians, of which parish a part only is situated within the

stable.

Limits of the commission of any justices, for which part no separate rate 7 & 8 Vict. c. 33. is levied for the relief of the poor, and in the case of every place not partly within the jurisdiction of the maintaining its own poor, but liable to the payment of county, police, or justices, without other rates as aforesaid, the justices assembled as aforesaid may, so soon the intervention is any vacancy occurs in the office of high constable as aforesaid, issue of the high contheir warrant to the overseers, petty constables, peace officers, or other persons empowered by law to rate and levy county, police, or other rates in such parish, part of a parish, or place, to pay to the county treasurer, or to transmit to him in such manner as the said justices may from time to time direct, within a time limited in such warrant, the county rate, police ate, or other rate or rates as aforesaid charged on them, without the gency or intervention of any high constable, and such justices may cause uch warrant to be sent by post or otherwise; and in case the said overeers, petty constable, peace officer, or other person refuse or neglect to ay any such rate within the time limited in such warrant, the same reedy may be had against them as now by law exists against overseers eglecting to pay on the warrant of the high constable."

and evidence

pre

Sect. 6. "That whenever precepts or warrants as provided by this act Delivery of re to be sent by post, the clerk of the peace shall send every such pre- cepts, &c. by post, ept or warrant by post as a registered letter, according to the regula- thereof. ions of the postmaster general in force for the time being in that behalf; nd every precept or warrant delivered or tendered as a registered letter the address of the person to whom it is addressed, whether a receipt @given for the same or not, shall be deemed to have been served on the erson to whom the same was so delivered or tendered; and if delivered #tendered to the clerk or other like officer acting for any guardians, shall e deemed to have been served on the whole of such guardians; and if elivered or tendered to any one overseer of a parish, shall be deemed to ave been served on the whole of the overseers of such parish." Sect. 7. "And whereas it is expedient to relieve high constables from Where special he duty of serving notices of the holding of special sessions on the sessions are istices of the peace of the division of special sessions personally; be it required to be acted, That from and after the passing of this act, in all cases in which the same to be pecial sessions are required to be holden for any division of any county place, if notice of the intended holding of such special sessions be gned by any one justice of the peace usually acting within such divion, and if a copy of such notice be sent by post a reasonable time efore the day on which such sessions are to be holden, addressed to ach justice of the peace resident and usually acting within such division #his residence in such division, such notice shall be deemed to have been duly given to or served on each such justice of the peace, any law or custom to the contrary notwithstanding."

holden notice of

sent to each

justice.

quarter sessions

sessions.

Sect. 8. "And whereas it is expedient to relieve high constables, in High constable certain cases, from the duty of attending at the court of quarter sessions; now appointed at be it enacted, That where high constables have heretofore been usually to be appointed appointed at courts of quarter sessions the high constables of such at special places shall hereafter be appointed by such justices as may be present at the special sessions of their division held for the purpose of hearing appeals against the rates of the several parishes in such division, or at any adjournment thereof, but if the hundred or other like division of the county for which any high constable is to be appointed be not included within the limits of any one division of the county for which such special sessions are held, then the justices of the peace for the county assembled at general or quarter sessions, or any adjournment thereof, may from time to time determine the division of the special sessions at which such high constable is to be appointed, and shall cause notice of such determination to be sent by post, or otherwise, to the high constable for the

time being of such hundred or other like division; and every high con- High constables stable, whether appointed at a special sessions, or at an adjournment to take only the

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thereof, or at a court leet, or any other special court, shall, if present at the time of his being appointed, then and there take his oath for the due execution of his office, and if otherwise, he shall forthwith, on the receipt of his appointment, go before the next or some other justice of the peace for the county in which he resides, and then and there take his said oath of office, and he shall not, in virtue of his office of high con stable, be required to take any other oath than the said oath for the dur execution of his office."

Sect. 9. "That in the construction of this act the word 'parish' shal be construed to include any township, vill, or place maintaining its om poor, whether parochial or extra-parochial, or any part of a parish, tow ship, vill, or other place for which a separate poor rate may be made the word 'union' shall be construed to mean and include any number parishes united under the act passed in the fifth year of the reign of h late majesty king William the Fourth, 'for the Amendment and bett Administration of the Laws relating to the Poor in England,' or unders act passed in the twenty-second year of the reign of his late majes king George the Third, for the better Relief and Employment of ti Poor,' or under any local act; and the word 'guardians' shall mean an include any board of guardians acting under the provisions of the sai act passed in the fifth year of his late majesty king William the Fourt and empowered to relieve the poor of any parish or union, and the vis tors, guardians, directors, managers, acting guardians, vestrymen, other officers in a union appointed to act in the ordering of relief of t poor from the poor rate under any general or local act of parliamen and the word hundred' shall mean and include any hundred, wape take, ward, or other district in the nature of a hundred, by whate name denominated."

SCHEDULE to which this Act refers.
Form of Precept.

County of

to wit.

To the Guardians of the

These are to require you, the Guardians of the

day of

Union.

Union, from 4

out of the monies paid into the hands of the treasurer of your Union for
uses and purposes of the said Union, to pay or cause to be paid, on or bef
the
into the hands of A. B., treasurer of the said coun
appointed to receive the same, the sum of
being the amount of
several and respective sums of money hereunder set down and expressed op
site to and against the names of the several parishes, townships, or places ca
prised within your said Union, the said several sums being respectively charg
and assessed thereon as the proportion of the several parishes, townships,
places towards the general county rate, at
in the pound, made at t
last quarter sessions [or general sessions] of the peace held at
for the said county [and towards a police rate, at
at the same time and place].

in a

in the pound, m

NAMES OF PARISHES.

[Signature of the clerk of the peace.]

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By the 7 & 8 Vict. c. 93, "An Act to enable Barristers appointed to arbi- County Rates. trate between Counties and Boroughs to submit a Special Case to the Superior Courts," [9th August, 1844,] reciting that by the 5 & 6 Will. IV. 7 & 8 Vict. c. 93 . c. 76, relating to municipal corporations, and by the 5 & 6 Vict. c. 98, “An Act to amend the Law concerning Prisons," provision was made for the appointment of barristers at law to arbitrate in cases of difference concerning certain accounts and the amounts of certain expenses therein mentioned: and whereas it is expedient that the treasurer of the county, the visiting justices of the prison, and the council of the borough, or any of them, affected by any award which may be made by any barrister under the authority of either of the said acts, should be enabled to obtain in a summary way the opinion of one of the superior courts of common jaw at Westminster upon any point of law arising out of any of the matters referred to such barrister; it is therefore enacted, "That in any Arbitrating barase in which a barrister at law shall have been or shall hereafter be named, rister, upon receiving a requisiis in the said recited acts or either of them is mentioned, to arbitrate tion in writing between the parties, such barrister at law, upon the requisition in writing from treasurer of if the treasurer of the county, or of the visiting justices of the prison, or visiting justices of if the town clerk of the borough, on behalf of the council of the borough the prison, &c. who shall be interested in the decision of such barrister, shall be em- may state a powered, if he shall think fit, before making his award, to state one or touching any more special case or cases touching any of the matters referred to such matter referred barrister at law for the opinion of such one of the superior courts of opinion of a supecommon law at Westminster as he shall direct, or to raise in any award rior court. o be at any time made by him any question or questions for the opinion of such court; and such court shall hear and determine the matter cording to the practice of the court upon special cases, and make such rder as to the costs, and by and to whom and in what manner the me shall be paid or borne, as to such court shall seem meet, and the decision of the court shall be binding on such barrister in making his

award."

the county or

special case,

to him, for the

die before making

Sect. 2 declares and enacts, “That in case any barrister who shall have In case barrister been or shall hereafter be named, in pursuance of the said recited acts or his award another ather of them, or of this act, shall die, or refuse to act, or be disabled one to be chosen. from acting, either from ceasing to practise as a barrister or for any other reason, before making his award, the several parties in the said several acts mentioned shall be authorized and required to name another barfister at law for all the purposes in the said several acts mentioned, or any of them, in like manner as if no appointment had been made under the same; and the barrister so newly named shall have the same authority to decide the matters in difference as if no other appointment had been made; and in every such case in which, before the passing of this act, a second barrister has been appointed to settle or determine any matters in difference, left unsettled or undetermined by the barrister first appointed for that purpose, the appointment of such second barrister shall be deemed good, and the barrister so secondly appointed shall be deemed to have and to have had from his appointment the same authority as if appointed under

this act."

Counties.

As to the survey of counties, see

66 Survey," " Vol. V.

By the 6 & 7 V. c. 61, intituled "An Act to annex detached Parts of Coun- 7 & 8 Vict. c. 61. ties to the Counties in which they are situated," [6th August, 1844,] reciting that there exists in England and Wales parts of counties detached from the main body of the county, and delay and hindrance to the administration of justice ensue, and inconvenience in other respects; and that

it is desirable to remedy the said evil; it is therefore enacted, "That from Detached porand after the 20th day of October next every part of any county in En- tions of counties

County Rates.

7 & 8 Vict. c. 61. to be part of the county by which they are surrounded.

gland or Wales which is detached from the main body of such county shall be considered for all purposes as forming part of that county of which it is considered a part for the purposes of the election of members to serve in parliament as knights of the shire, under the provisions of an act passed in the third year of the reign of his late majesty, intituled 'An Act to settle and to describe the Divisions of Counties and the Limits 2 & 3 Will. IV. c. of Cities and Boroughs in England and Wales, in so far as respects the 64. (See Parlia- Election of Members to serve in Parliament:' Provided always, that nothing ment," Vol. V.) herein contained shall be construed to alter the county, riding, or division to which any such detached part shall be deemed to belong for the par pose of holding inquests, under the provisions of an act passed in the 6 & 7 Vict. c. 12. sixth year of the reign of her majesty, intituled 'An Act for the more con venient holding of Coroner's Inquests."" (As to which, see ante, Addendo title "Coroner.")

Detached parts to

Sect. 2. "That every such detached portion which under the provision belong to adjoin- of this act shall be annexed for purposes other than that of voting fo ing hundred, &c., members of parliament to any county to which it did not belong for suci separate hundred. purposes before the passing of this act shall thenceforth be taken to b

or to form a

Provision as to

sessions.

part of the hundred, wapentake, ward, rape, lathe, or other like division by which it is wholly or for the most part surrounded, or to which it is next adjoining, in the county to which it will thenceforth belong, unles the justices of the county, riding, parts, or division, in general or quarte session assembled, shall declare it to be a new or separate hundred other like division, which they shall be empowered to do; and it shall b lawful for the justices of such county, riding, parts, or division, in gener or quarter sessions assembled, in every case in which there shall appea to them to be any doubt to which of such divisions any such detached p shall belong under this act, to declare the division to which it shall taken to belong; and such determination shall be final and conclusiv and shall be published in the London Gazette, the production of whic paper shall be evidence thereof."

Sect. 3. "That in all cases where any such detached part of a count special and petty shall have formed before the passing of this act a separate division i which special and petty sessions of the peace for such county shall bay been usually holden, such detached part shall remain a separate divisio for special and petty sessions of the county to which it shall be annexe after the passing of this act, until the justices of the county, riding, part or division to which it shall be annexed after the passing of this act shal have reconstituted such division for special and petty sessions of the peac under the provisions of an act passed in the ninth year of the reign 9 Geo. IV. c. 43. king George the Fourth, intituled 'An Act for the better Regulation o Divisions in the several Counties of England and Wales,' and also of a act passed in the sixth and seventh years of the reign of king Willian 6 & 7 Will. IV.c. the Fourth, intituled An Act for amending an Act of the Ninth Year o the Reign of his late Majesty King George the Fourth, intituled "An Ac for the better Regulation of Divisions in the several Counties of England and Wales."

12.

Error in stating name of county

legal documents,

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Sect. 4 provides and enacts, "That no judicial proceeding, or deed o other instrument in writing, shall be invalidated by reason of any error in not to invalidate stating the name of the county to which such detached portion originally belonged, instead of the county to which it will belong under this act, of the converse; and that every proceeding at law, whether civil or criminal. already commenced, or to be commenced before the 20th day of October next, shall and may be prosecuted and heard and determined exactly as if this act had not been passed, save and except in so far as it shal be otherwise ordered by any of her majesty's superior courts of common law having jurisdiction in any case in which such order shall be made."

Saving of ecclesiastical rights. Saving the rights

Sect. 5 provides and enacts, "That nothing herein contained shail alter or interfere with any ecclesiastical jurisdiction or right of patronage." Sect. 6. "And whereas as to some such detached parts there are

coroners appointed expressly for and having jurisdiction in such detached County Rates. parts only; be it therefore enacted, That as to every such detached part

for which at the time of the passing of this act there is a coroner appointed 7 & 8 Vict. c. 61. for and acting in such detached part, such coroner shall during his life, of certain or until he shall resign or be removed from his office, continue to hold coroners. and exercise his office and jurisdiction within such detached part in as ample a manner as if this act had not been passed.”

the land tax or

of counties.

Sect. 7 provides and enacts, "That nothing herein contained shall be Act not to extend construed to affect or alter the assessments of the land tax or assessed to alter or affect taxes in or for any such detached portion of a county, or to extend or assessed taxes in diminish the jurisdiction of any commissioners acting therein in the detached portions execution of the acts relating to the said taxes respectively, but that all such detached portions shall be subject in that behalf to the jurisdiction of the commissioners acting for the same county or district as they would ave been subject to if this act had not been passed; and all parishes and parts of parishes and places, and all manors, lands, tenements, and sereditaments within any such detached portion, shall continue chargeable owards raising the land tax charged upon the same county or other listrict to or in aid of which they have heretofore contributed a quota or portion of such land tax."

Courts.

SEE the 7 Vict. c. 19, " An Act for regulating the Bailiffs of Inferior lourts;" Addenda to "Inferior Courts," post.

Coursing Matches.

See Addenda to, title "Gaming," post.

Cricket.

See Addenda to, title "Gaming," post.

Curling.

See Addenda to, title "Gaming," post.

Death, Punishment of.

servant of the

By the 4 & 5 Vict. c. 56, intituled "An Act for taking away the Punish- 4 & 5 Vict. c. 56. ment of Death in certain Cases, and substituting other Punishments in heu thereof," [22nd June, 1841,] reciting whereas it is expedient to alter and amend various statutes now in force in that part of the United Kingdom called England relative to certain offences by the said statutes now punishable with death: and whereas by an act passed in the 15 Geo. 11. c. 13. fifteenth year of the reign of his late majesty king George the Second, s. 12. intituled" An Act for establishing an Agreement with the Governor Embezzlement by and Company of the Bank of England for advancing the Sum of Bank of England One million six hundred thousand Pounds towards the Supply for the of any note, bill, Service of the Year One thousand seven hundred and Forty-two," it was bond, deed, &c. of among other things enacted, that if any officer or servant of the said the company. company, being intrusted with any note, bill, dividend warrant, bond, deed, or any security, money or other effects belonging to the said company, or having any bill, dividend warrant, bond, deed, or any security or effects of any other person or persons lodged or deposited with the said

dividend warrant,

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