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• Sic.

said A. P. was bound apprentice, as well as from the said parish
of W. [or as the case may be,] where he so wilfully abandoned
her, without giving a written notice thereof to the churchwardens
and overseers of the poor of the parish where the said apprentice then
resided and was legally settled, fourteen days previous to such re-
moval, according to the directions of an act passed in the fifty-sixth
year of the reign of king George the third, intituled "An act to
regulate the binding of parish apprentices," whereby the said A. M.
hath forfeited the sum of ten pounds, to be paid to the overseers of the
poor of the said parish in which such offence has been committed:
These are therefore to command you, in case no notice of appeal to
any court or general or quarter sessions to be holden for the said
county, within three calendar months from the date of the said
information and complaint, be given by the said A. M. to us the
said justices, and also to the person or persons interested in such
appeal, within twenty-one days from the date hereof, the said A. M.
entering into a recognizance with two sufficient sureties, before
some justice of the peace for the county or district within which
the said conviction has taken place, to appear at such general
or quarter sessions to abide the judgment of the court upon such
appeal, and to pay the costs which may be awarded thereon, to
levy the said sum of ten pounds by distress and sale of the goods
and chattels of the said A. M.; and if within the space of four
days next after such distress by you taken, the said sum of ten
pounds, together with the reasonable charges of taking and keeping
the said distress shall not be paid, that then you do sell the said
goods and chattels so by you distrained as aforesaid, and out of the
money arising by such sale, that you do pay the said sum of ten
pounds to the overseers of the poor of the said parish in which the
said offence was committed, to be by them applied under our orders
as the said act directs, returning the overplus (if any) on demand,
unto him the said A. M. And if sufficient distress cannot be found
of the goods and chattels of the said A. M. whereon to levy the
said sum of ten pounds, that then you do certify the same to us, to-
gether with the return of this precept. Given under our hands and
seals at
in the said county, the day of
in the year of our Lord one thousand eight hundred and

[N. B. For the CONVICTION, see the form as directed by the 56 Geo. 3. c.139. § 15. in 1 Burn, 152. Precedent F.]

(D.) Recognizance on giving Notice of Appeal.

[56 Geo. 3. c. 139. § 17.-1 Burn, 111.]

County of } BE it remembered that on the

the

day of

in

year of the reign of our sovereign lord George the fourth, of the United Kingdom of Great Britain and Ireland, king, defender of the faith, A. M. of in the county

aforesaid, yeoman, and A. S. of. weaver, and B. S. of carpenter, personally came before me J. P. esquire, one of his majesty's justices of the peace for the said county, and acknowledged themselves to owe to our said lord the king, that is to say, the said A.M. the sum of twenty pounds, and the said A. S. and B. S. the sum of ten pounds each, of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements

respectively, to the use of our said sovereign lord the king, his heirs and successors, if the said A. M. shall make default in the condition following:

Whereas the above bounden A. M. was on the

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day of

instant, duly convicted before J. P. and K. P. esquires, two of his majesty's justices of the peace in and for the said county, upon the oath of O. P. overseer of the poor of the parish of in the said county, [or as the case may be], for that A. P. a poor child of the parish of in the county aforesaid, was put apprentice by the churchwardens and overseers of the poor of the said parish of -, by and with the consent of two of his majesty's justices of the peace in and for the said county, unto the said "A. M. then of the said parish of and that the said A. M. afterwards removed into the said parish of W. with the said A. P. his apprentice, and where he left her and wilfully abandoned her on the removing his residence more than forty miles from the parish where the same was when the said A. P. was bound apprentice, as well as from the said parish of W. where he so wilfully abandoned her, without giving notice thereof to the churchwardens and overseers of the poor of the parish where the said apprentice then resided and was legally settled fourteen days previous to such removal: Now the condition of this recognizance is such, that if the above bound A. M. shall well and truly appear at the next general [or quarter] sessions of the peace to be holden in and for the said county, and then and there enter and prosecute an appeal against the said conviction, and abide the judgment of the court upon such appeal, and pay the costs which may be awarded thereon, and not depart without leave of the court, then this recognizance to be void. Acknowledged before me,

J. P.

(E.) Commitment when no Distress can be found.

[56 Geo. 3. c. 139. § 14. 16. 3 Geo. 4. c. 23. f 2.- 1 Burn, 111.] in the said county, and County of To the constable of to the keeper of the house of correction (or, common gaol) at Exeter in the said county.

WHEREAS A. M. late of the parish of

in the said last, duly con

county, yeoman, was, on the of victed before J. P. and K. P. esquires, [or, us, as the case may be,] two of his majesty's justices of the peace in and for the said county, upon the oath of O. P. overseer of the poor of the said parish of [or as the case may be,] for that A. P. a poor child of the parish of · aforesaid, in the county aforesaid, was put apprentice by the churchwardens and overseers of the poor of the said parish of by and with the consent of two of his majesty's justices of the peace in and for the said county, unto the said A. M. then of the said parish of man, and that the said A. M. afterwards removed into the parish of in the county aforesaid [or as the case may be, with the said A. P. his apprentice, and where he left her and wilfully abandoned her on the [the information must be exhibited. within three calendar months next after the commission of the offence, 56 Geo. 3. c. 139. § 8.] removing his residence more than

yeo

forty miles from the parish where the same was when the said A. P. was bound apprentice, as well as from the said parish of W. [or as the case may be,] where he so wilfully abandoned her, without giving a written notice thereof to the churchwardens and overseers of the poor of the parish where the said apprentice then resided and was legally settled fourteen days previous to such removal, according to the directions of an act passed in the fifty-sixth year of the reign of king George the third, intituled " An act to regulate the binding of parish apprentices," whereby the said A. M. has forfeited the sum of ten pounds, to be paid to the overseers of the poor of the said parish in which such offence has been committed. And whereas on the -day of- [here set the date of the foregoing warrant of distress in words at length,] we, [or, the said justices, as the case may be] did issue our [or, their, as the case may be,] warrant to the constable of — to levy the said sum of ten pounds by distress and sale of the goods and chattels of him the said A. M., and to pay the same according to the direction of the said statute: And whereas it duly appears unto us [or, me, as the case may be,] as well upon the oath of the said constable of as otherwise, that he the said constable of· has used his best endeavours to levy the said sum of ten pounds on the goods and chattels of the said A. M. as aforesaid, but that no sufficient distress can be found whereon to levy the same: These are therefore to require you, the constable of aforesaid, to convey the said A. M. to the said house of correction [or, common gaol,] of the said county of liver him to the said keeper thereof, together with this precept. And you the said keeper are hereby commanded to receive into your custody in the said house of correction, [or, common gaol,] him the said A. M., and there safely to keep him for the space of [say not less than one, nor more than six months.] And for your so doing this shall be your sufficient warrant. Given under our hands and seals, [or, my hand and seal, as the case may be,] at in the said county, the day of in the year of our Lord one thousand eight hundred and

*

and de

(F.) Recognizance of Overseers of the Poor to prosecute a Master for ill-treatment of a Parish Apprentice.

[32 Geo. 3. c. 57. § 11.-1 Burn, 138, 139.]

County of BE it remembered that on the day of

in the year of the reign of our sovereign lord George the fourth, of the United Kingdom of Great Britain and Ireland, king, defender of the faith, O. P. and Q. P., overseers of the poor of the parish of in the said county, [or, O. P., one of the overseers of the poor of the parish of as the case may be] personally came before us, J. P. and K. P. esquires, two of his majesty's justices of the peace for the said county, and acknowledged themselves [or, himself] to owe to our said lord the king the sum of each, [or as the case may be], to be made and levied of their [or, his] goods and chattels, lands and tenements respectively, to the use of our said lord the king, his heirs and successors, if default shall be made in the condition following:

* One justice is made competent to commit, by the 3 Geo. 4. c. 23, § 2.

Whereas A. P., an apprentice by a parish indenture to A. M. of the parish of W. in the said county, yeoman, has charged on oath the said A. M. her master, before us the said justices, with ill-treatment, he the said A. M. having assaulted her the said A. P. twice within four months last passed, with intent to commit a rape on her body, namely, the said first assault being so made at the dwelling house of the said A. M., at in the said parish of W., within three months last passed; and the said second assault being made on the morning of the - day of last, in a field in the said parish of W., for which said offence [or, offences, as the case may be,] we have discharged the said A P. of and from her ticeship to the said A. M.

appren

Now the condition of this recognizance is such, that if the above bounden O. P. and Q. P. or O. P. [as the case may be,] do and shall produce the said A. P., or other material evidence, and prosecute with effect the said A. M. for the said offence [or, offences, as the case may be,] by indictment at the next general quarter sessions of the peace [or, gaol delivery, as the case may be,] for the said county, according to the directions of an act passed in the thirty-second year of the reign of his late majesty king George the third, intituled "An act for the further regulation of parish apprentices," then this recognizance to be void, otherwise of force. Acknowledged before us, J. P.

K. P.

Arrest (Causes of Suspicion.)

[Vide 1 Burn, p. 172.]

IT appears that an arrest may be made without warrant, if there
be sufficient matter of presumption of the party's guilt, and those
circumstances may be pleaded in justification; as where a person
of character paid away a forged note in the purchase of a horse
at a fair, and on searching another was found on him; at all events
the Court of Exchequer held the arrest so far justified by the cir-
cumstances, as that they ought not to disturb a verdict found for
the defendant. Guppy v. Brittlebank & Potter, E. 58 G. 3.
5 Price, 525.

Lloyd v. Sandilands, E. 58 G. 3. 8 Taunt. 250. 2 Moore, C.P. 207. A rule nisi had been obtained to discharge the defendant out of the custody of the sheriff of Middlesex, upon his affidavit, which stated, that he was arrested on the 4th April in his bed room, at the house of a friend, with whom he had for some time resided. That the officer, to effect his arrest, got on a shed in the garden, and broke a window, and having entered through the aperture, shewed the defendant his warrant, and took him to a lock-up house; that the officer rushed through the house into the garden, when the outer door was first opened in the

Where the Officer, in the execution of mesne process, had gained peaceat the outer door, the court held that he was warranted in gaining admis

able admission

sion to the

chamber in

which the party was, by breaking through an outer back win dow; the cham

ber door at which he first applied being firmly secured, and having told

the defendant he had process

to serve on him.

(a) 1 Cowp. 1. 2 Burn, 811.

Where the outer

door be open, a bailiff may enter forcibly through an inner door, or a window.

morning, and then got upon the shed and made the arrest as before stated, and that he believed that these proceedings took place without the knowledge of his friend. After argument against and in support of the rule, per Dallas C. J.- The officer and his assistants have sworn that the outer door of the house was open at the time of their admittance; this case then must be governed by Lee v. Gansell (a), where it was held, that a bailiff in execution of mesne process may break open the door of a lodger's apartment, having first gained peaceable entrance at the outer door of the house. I cannot distinguish between breaking open the inner door of a house, and breaking open a window after the outer door is open. The principle, that every man's house is his castle, depends on this, that if the outer door be broken, it lays the house open to the invasion of all sorts of persons, but where the inner door is broken that is not the case. Burrough J. — I hold it to be clear law, that when the outer door is open, the bailiff may enter forcibly, either through an inner door or a window. If it were otherwise, it would only be necessary for a person to frame one room with iron or stone, or other material, that would resist all external force, and then all process of the law would be set at defiance. R. D.

It appears that an arrest of a party by the initials only of his christian name is irregular. Reynolds v. Hankin, E. 2 G. 4.

4 B. & A. 536.

3 G.4. c.10.

When commis

sions shall not be opened and read at any places specified on the day named therein,

the same may be

the following day, not being Sunday, &c.

Assizes.

[3 G. 4. c. 10.]

BY stat. 3 G. 4. c. 10. intituled An act to enable, in certain cases, the opening and reading of commissions under which the judges sit upon the circuits, after the day appointed for holding assizes; § 1. it is enacted, "that whenever it shall so happen that commissions of assize shall not be opened and read in the presence of one of the quorum commissioners, at any place specified for holding the assize, on the very day appointed for such purpose, it shall and may be lawful to open and read the same in the presence of one of the quorum commissioners therein named on the following day, or if the following day shall be a Sunday, or any other day of public rest, then on the succeeding day; and such opening and reading thereof shall be as effectual, to all intents and purposes, as if the same had been opened and read in the presence of one of the quorum commissioners on the very day appointed for that purpose, and shall be deemed and taken to be an opening and reading thereof on the day for that purpose appointed; and all records and other proceedings under or relating to any commission which may be opened and read by virtue of this act, shall and may be drawn up, entered, and made out under the same date, and in the same form, in all respects, as if such commission had been opened and read on the day originally appointed for that

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