Horses and
Slaughter
Houses.

is aforesaid has been guilty of any breach or violation of the said two everal hereinbefore recited acts or either of them, or of this act, or any art or parts thereof respectively, to cancel and wholly put an end to any nd every licence which may have been granted to the person or persons › complained against, and from thenceforth the same shall be of no force 7 & 8 Vict. c. 87. r effect."

treating any horse

Sect. 3. "That if any such licensed or other person shall wantonly Persons wantonly r cruelly beat, ill-treat, abuse, wound, or torture any horse or other or cruelly illittle in any house, pound, stable, or other place in the occupation or to be liable to of such licensed person, every such person shall for every such penalty. offence, on conviction thereof, forfeit and pay a sum of money not exleeding 51,"

licensed places.

Sect. 4. "That it shall be lawful for any constable from time to time, Power for connd as often as he shall think fit, at all reasonable times in the day-time, stables to enter y authority of this act, either alone or accompanied by any inspector pointed or to be appointed under the first-recited act, to enter upon and lew and inspect all and every the houses, stables, sheds, yards, grounds, nd premises for the keeping of which any such license shall have been ranted as aforesaid, and also to inspect or take an account of all or any of e horses or other cattle which shall from time to time be found upon such remises or any part thereof."

structing inspectors.

Sect. 5. "That in case any person to whom any such license shall be Penalty for obgranted as aforesaid, or any other person, shall at any time or in any manner obstruct, hinder, molest, or assault any such inspector whilst in e discharge of his duty, or the exercise of his power or authority under by virtue of the said first-recited act or of this act, every such offender bal for every such offence, on conviction thereof forfeit and pay such a am of money, not exceeding 101., as any two or more justices before hom such offender shall be brought shall deem fit."

his duty.

justices.

Sect. 6. "That in case any such inspector shall at any time be guilty of Penalty for inmy neglect or violation of the duty required of him by law, then and in spector neglecting every such case such inspector shall, upon conviction, forfeit and pay for very such offence, a sum of money not exceeding 101." Sect. 7. "That all offences against this act, or any of the provisions Offences may be hereof, shall and may be heard and determined before and by any two or heard by two hore justices of the peace for the county within which the offence shall are been committed; and all penalties and forfeitures incurred thereby espectively shall and may be recoverable, with costs, before and awarded Penalties, how to y any such justices, and shall be applied as follows; namely, such part be recovered and the justices shall think fit to the person who shall inform and prosecute or the same, and the remainder thereof to the sheriff or other proper Sicer of the county in which such conviction shall take place, for her majesty's use, and shall be returned to the court of quarter sessions, under the provisions of an act passed in the third year of his late majesty

applied.

ng George the Fourth, intituled An Act for the more speedy Return 3 Geo. IV. c. 46, and levying of Fines, Penalties, and Forfeitures and Recognizances estreated and in case of non-payment of any such penalty or forfeiture respectively it shall and may be lawful for such justices forthwith to commit the offender to the common gaol or prison within the jurisdiction of such justices for any time not exceeding one calendar month, as to such justices shall seem meet."

Sect. 8. "That the prosecution of every offence punishable under this Limitation as to act shall be commenced within three calendar months next after the summary procommission of the offence, and not otherwise; and the evidence of the ceedings. party complaining shall be admitted in proof of the offence."

Sect. 9. "That any person who shall think himself aggrieved by any Appeal to quarter Summary order or conviction made by any justice or justices of the sessions. peace under the authority of this act, may appeal to the justices of the peace at the next general or quarter sessions of the peace to be holden for the county wherein the cause of complaint shall have arisen, provided that such person at the time of the order or conviction, or within forty

VOL. VI.

2 P

Horses.

eight hours thereafter, shall enter into a recognizance, with two sufficient sureties, conditioned personally to appear at the said sessions to try such 7 & 8 Vict. c. 87. appeal and to abide the further judgment of the justices at such sessions

assembled, and to pay such costs as shall be by the last-mentioned justices awarded; and it shall be lawful for the justice or justices of the peace by whom such order or conviction shall have been made to bing over the witnesses who shall have been examined in sufficient recogni zances to attend and be examined at the hearing of such appeal, and that every such witness, on producing a certificate of his being so bound under the hand of the justice or justices, shall be allowed compensation for his time, trouble, and expences in attending the appeal, which com pensation shall be paid in the first instance by the treasurer of the county. in like manner as in cases of misdemeanor, under the provisions of 7 Geo. IV. c. 64. act passed in the seventh year of the reign of king George the Fourth. intituled An Act for improving the Administration of Criminal Justice in England; and in case the appeal shall be dismissed, and the order or conviction affirmed, the reasonable expences of all such witnesses attend ing as aforesaid, to be ascertained by the court, shall be repaid to the treasurer of the county by appellant.'

Meaning of cer

in this act.

Sect. 10. "That the words hereinafter mentioned, which in their usual tain words used signification have a more restricted or different meaning, shall in this act (except where the nature of the provisions or the context of the Act aba exclude such construction) be interpreted as follows; (that is to say, the word county' shall include city, town, borough, cinque port, ridir liberty, or division; the word 'horse' shall include mare, gelding, mu pony, colt, or filly; the word cattle' shall inciude bull, ox, cow, steer heifer, calf, ass, sheep, lamb, goat, pig, or any other domestic animal; th word constable' shall include headborough, peace officer, or polis officer; and every word importing the singular number only shall exten and be applied to several persons and things as well as to one person o thing; and every word importing the masculine gender only shall exten to a female as well as a male."

7 Vict. c. 19.

Bailiffs to be

appointed by the judge of the court.

Bailiffs to give security.

Inferior Courts.

By the 7 Vict. c. 19, intituled "An Act for regulating the Bailiffs Inferior Courts," [6th June, 1844,] reciting, "That courts are holden i and for sundry counties, hundreds, and wapentakes, honours, manor and other lordships, liberties, and franchises, having by custom or char ter jurisdiction for the recovery of debts and damages in persona actions, and in many places great extortion is practised under colour the process of such courts:" for remedy thereof, it is enacted, "The the judge of every such court shall have power to appoint a sufficien number of proper and responsible persons to act as bailiffs of the su court, and in the execution of the process thereof, and to suspend dismiss any such bailiff for misconduct, and no bailiff so dismissed shall be qualified to be re-appointed; and the bailiffs of the court so ap pointed, and no other persons, save as hereinafter mentioned, shall serve all summonses, and execute all orders, warrants, precepts, writs, and other processes issued out of the said court; and a list containing the name and place of abode of every such bailiff shall be put up in a con spicuous place in the said court; Provided always, that this act sh not extend to prevent any process from being executed by any high sheriff or high bailiff, or any officer appointed by act of parliament to perform the duties of sheriff with regard to the execution of pr cess out of any such court, or his or their bound bailiffs or other officers."

Sect. 2. "That every bailiff so appointed under this act shall gr to the said judge security, in such sum and manner and form as be shall from time to time order, for the due performance of his office,

d for payment of all monies received by him in the execution of his Inferior Courts.

ce."

7 Vict. c. 19.

fees other than

Sect. 3. "That every bailiff authorized to execute the process of any ch court who shall wilfully and corruptly exact, take, or accept any fee Bailiffs taking reward whatsoever other than and except such fees as shall be allowed those allowed to law and declared by order of the court, which shall be put up in some be discharged. spicuous place in the court, shall, upon proof thereof before the said rt, be for ever incapable of serving or being employed in any office of fit or emolument of the said court."

officers of the

Sect. 4. "That if any bailiff acting under colour or pretence of the Remedies against cess of any such court shall be guilty of extortion or misconduct, or court guilty of all not duly pay or account for any money levied under process of the extortion or misi court, it shall be lawful for the judge to inquire into such matter in conduct. immary way, and for that purpose to summon and enforce the attende of all necessary parties, and to make such order thereupon for the ayment of any money extorted, or for the due payment of any money evied as aforesaid, and for the payment of such damages and costs to parties aggrieved, as he shall think just; and in default of payment iny money so ordered to be paid within the time specified for the ment thereof it shall be lawful for the judge of the said court, by Tant under his hand and seal, to cause such sum to be levied by dissand sale of the goods of the offender, together with the reasonable rges of such distress and sale, and in default of such distress to comthe offender to the county gaol or house of correction for any time exceeding one calendar month."

guilty of felony.

ect. 5. That for every such court a seal shall be made under the Persons forging ction of the judge of such court, and that all summonses and other process, &c. ess issuing out of the said court shall be sealed or stamped with i seal; and every person who shall forge the seal or any process of court, or who shall serve or enforce any such forged process, knowthe same to be forged, or deliver or cause to be delivered to any on any paper falsely purporting to be a copy of any summons or 7 process of the said court, knowing the same to be false, or who I act or profess to act under or by the authority of such summons rocess, knowing the same to be false, or who shall take upon himself t as a bailiff of any such court without lawful authority, shall be by of felony."

after execution.

et. 6. "That no goods which shall be taken in execution under any Sale not to be ess of any such court shall be sold until the end of three days at till three days next following the day on which such goods shall have been so n, unless such goods be of a perishable nature, or upon request in ing under the hand of the party whose goods shall have been n; and until such sale the goods so taken shall be in the cusof the bailiff to whom the warrant of execution shall have been eted."

or rescuing per

tion.

act. 7. "That if any bailiff of any such court shall be assaulted Penalty for le in the execution of his duty, or if any rescue shall be made or assaulting bailiffs, mpted to be made of any person or goods taken or levied under pro- sons or goods 1 of any such court, the person offending therein, on conviction taken in execueof before any two justices of the peace, shall be imprisoned with vithout hard labour in the common gaol or house of correction for term not exceeding three calendar months, or shall forfeit and pay h fine not exceeding 57. as may be set upon him by the said justices the peace; and every such fine, with the cost of conviction, in case sonpayment thereof, shall be levied by distress and sale of the goods he offender."

lect. 8. "That all actions and prosecutions to be commenced against Limitation of bailiff of any such court for any thing done in pursuance of his actions, &c. y as such bailiff, or for such grievance, misfeazance, or nonfeazance aforesaid, shall be laid and tried in the county where the offence was amitted, and shall be commenced within three calendar months after

7 Vict. c. 19.

Inferior Courts. the fact committed, and not afterwards or otherwise; and notice in writ ing of such action or prosecution, and of the cause thereof, shail be given to the defendant one calendar month at least before the commencement of such action or prosecution; and no plaintiff shall recover in any such action if tender of sufficient amends, in the opinion of the judge who shall try such action, shall have been made before action brought, or if after action brought a sufficient sum of money, in the opinion of the judge as aforesaid, with costs, shall have been paid into court, in satisfaction of such action."

Meaning of "judge."

Jurors.

Justices of the peace.

Sect. 9. “That in this act the word 'judge' shall be construed to mean the county clerk, under sheriff, steward, or other person by or before whom any such court shall be holden."

Jurors.

By the 7 & 8 Vict. c. 101, the expences of jury-lists are to be paid out of the poor-rates of the parish.

Justices of the Peace.

By the 6 & 7 Vict. c. 101, s. 24, justices who reside in extra-parochi places or parishes within unions, are to be ex officio guardians.

By sect. 11, justices' clerks are annually to make a return of sum monses, and orders, &c., relative to bastards, to the clerk of the peace (See ante, Addenda, title "Bastards.")

Maintenance.

Lotteries.

See ante, Addenda to

Gaming."

As to art-unions. (See ante, Addenda, title " Art-Unions.")

Maintenance.

By indenture made in 1827, between R. P. and his eldest son D. P. reciting that R. P. P. of C., was seised of large real estates, was neve married, and was then in a state of mental and bodily imbecility; that in the event of his dying so seised, intestate and without issue, R. P. as h heir-at-law would be entitled to the reversion of his estates in fee; tha R. P. was desirous of having a commission of lunacy sued out for th protection of R. P. P. and his property, and also of his own reversion, and that D. P., at R. P.'s request, agreed to sue out and prosecute such commission and take other necessary law proceedings at his own expence, in R. P.'s name; R. P., in consideration of the agreement and of love and affection for D. P., covenanted to convey all the estates that would descend to him on the decease of R. P. P. to the use of himself for life, remainder to the uses expressed respecting the estate of R. in D. P.'s marriage settlement, being for the benefit of D. P. and the heirs male of the marriage. The commission was accordingly issued; R. P. P. was declared a lunatic, and D. P. was reimbursed for his expenses out of his estate. R. P. was then sixty-three years of age; the lunatic was forty D. P. was younger. The lunatic died in 1829, and R. P. entered inte possession of his real estates, and conveyed them to his second son, R. H. P., for valuable consideration. On a bill filed by D. P. to set aside that conveyance, and for specific performance of the covenant, R. P., by his answer, said he entered into it without legal advice, and by fraud, imposition, and misrepresentation on the part of D. P. It was proved in

dence that both parties employed the solicitor who prepared the inden- Maintenance. e-Held, that the agreement to sue out the commission was not void llegal for champerty or maintenance, or as against public policy, or ud on the jurisdiction in lunacy, or want of mutuality. Regard being to the ages and relative situation of the parties, and to the benefits ured by the issuing of the commission, there was some, and not very dequate consideration for the covenant. (Persse v. Persse, 7 Cl. & . 279.)

Mandamus.

By the 6 & 7 Vict. c. 67, intituled "An Act to enable Parties to sue 6 & 7 Vict. c. 67. and Prosecute Writs of Error in certain Cases upon the Proceedings Writs of Mandamus," [22nd August, 1843,] reciting, that writs of adamus are issued by her majesty's court of Queen's Bench and the rts of the counties palatine, and the application for the same must be made in those courts respectively alone: and that writs of manans are frequently awarded, and often in cases of considerable importe, and the practice of issuing such writs hath of late very much reased: and that it is expedient that parties interested in the issuing or in the proceedings upon such writs respectively shall be enabled in ain cases to have the judgments and decisions of the said court of sen's Bench, and courts of the counties palatine respectively, in ret of the said writs and of the proceedings thereon, reviewed by a rt of error, if they shall so think fit, and that a certain mode of ting the same shall be ordained and established: and that by the an. c. 20, it was enacted, amongst other things, that in certain cases ein mentioned, when a writ of mandamus should issue and a return ald be made thereunto, it should be lawful for the person suing or ecuting such writ to plead to or traverse all or any of the material 3 contained within the said return to which the person making such mn should reply, take issue, or demur, and such further proceedings ich manner should be had therein for the determination thereof as ht have been had if the person suing such writ had brought his action he case for a false return: and that by the 1 Will. IV. c. 21, the said ision hereinbefore mentioned of the said herein first-recited act was nded to writs of mandamus in all other cases, and to the proceedings eon: and that in neither of the said recited acts, nor in any other s any power or authority given to the person prosecuting such writ andamus to demur to the return made to any such writ, so that the sion of the said courts respectively as to the validity of such return d be reviewed by a court of error; for remedy whereof, therefore, it is cted, "That in all cases in which the person prosecuting any such In order to object theretofore issued or hereafter to be issued shall wish or intend to to a return to a ect to the validity of any return already made or hereafter to be made prosecutor must he same, he shall do so by way of demurrer to the same, in such and demur. like manner as is now practised and used in the courts herein before itioned respectively in personal actions; and thereupon the said writ Proceedings I return and the said demurrer shall be entered upon record in the said thereupon. rts respectively, and such and the like further proceedings shall be reupon had and taken as upon a demurrer to pleadings in personal ons in the said courts respectively; and the said courts respectively II thereupon adjudge either that the said return is valid in law, or that s not valid in law, or that the writ of mandamus is not valid in law; I if they adjudge that the said writ is valid in law, but that the return reto is not valid in law, then and in every such case they shall also by ir said judgment award that a peremptory mandamus shall issue in it behalf, and thereupon such peremptory writ of mandamus may be sued t and issued accordingly, at any time after four days from the signing

mandamus the