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c. 28.

No. I. said, or shall for hire, gain, or reward, act, perform, or represent, or c: 10 Geo. II. to be acted, performed, or represented, any interlude, tragedy, com

opera, play, farce, or other entertainment of the stage, or any act, scen part thereof, or any prologue or epilogue, contrary to such prohibitio aforesaid; every person so offending shall for every such offence forfei sum of fifty pounds, and every grant, licence, and authority (in case t be any such) by or under which the said master or masters, or manage managers, set up, formed, or continued such playhouse, or such com of actors, shall cease, determine, and become absolutely void, to all in

and purposes whatsoever. No plays to be V. Provided always, That no person or persons shall be authorise acted but in virtue of any letters patent from his Majesty, his heirs, successors, or p Westminster, cessors, or by the licence of the lord chamberlain of his Majesty's hi or places of his hold for the time being, to act, represent, or perform for hire, gain, a Majesty's re- ward, any interlude, tragedy, comedy, opera, play, farce, or other enter sidence.

ment of the stage, or any part or parts therein, in any part of Great tain, except in the city of Westminster, and within the liberties thereot in such places where his Majesty, his heirs or successors, shall in their persons reside, and during such residence only; any thing in this Act

tained to the contrary in any wise notwithstanding. Penalties how VI. And be it further enacted by the authority aforesaid, That all th recovered, &c. cuniary penalties inflicted by this Act for offences committed within

part of Great Britain called England, Wales, and the town of Be upon Tweed, shall be recovered by bill, plaint, or information, in a his Majesty's Courts of Record at Westminster, in which no essoin, pi tion, or wager of law shall be allowed; and for the offences committ that part of Great Britain called Scotland, by action or summary com before the Court of Session or Justiciary there; or for offences comn in any part of Great Britain, in a summary way before two justices peace for any county, stewartry, riding, division, or liberty where any offence shall be committed, by the oath or oaths of one or more cre witness or witnesses, or by the confession of the offender; the same levied by distress and sale of the offender's goods and chattels, renderin overplus to such offender, if any there be, above the penalty and char distress; and for want of sufficient distress the offender shall be comm to any house of correction in any such county, stewartry, riding or lit for any time not exceeding six months, there to be kept to hard labou to the common gaol of any such county, stewartry, riding or liberty any time not exceeding six months, there to remain without bail or i prize; and if any person or persons shall think him, her, or themselvi grieved by the order or orders of such justices of the peace, it shall ani be lawful for such person or persons to appeal therefrom to the next ral quarter sessions to be held for the said county, stewartry, riding or ty, whose order therein shall be final and conclusive; and the said pen: for any offence against this Act shall belong, one moiety thereof to tł former or person suing or prosecuting for the same, the other moietyt

poor of the parish where such offence shall be committed. Persons acting VII. And be it further enacted by the authority aforesaid, That i in public interlude, tragedy, comedy, opera, play, farce, or other entertainme houses.

the stage, or any act, scene or part thereof, shall be acted, represente performed in any house or place where wine, ale, beer, or other liquors be sold or retailed, the same shall be deemed to be acted, represented

performed for gain, hire and reward. Limitation of

VIII. And be it further enacted by the authority aforesaid, That no actions. son shall be liable to be prosecuted for any offence against this Act, u

such prosecution shall be commenced within the space of six cal months after the offence committed; and if any action or suit shall be menced or brought against any justice of the peace, or any other perse doing, or causing to be done, any thing in pursuance of this Act, suci tion or suit shalĩ be commenced within six calendar months next afte

fact done; and the defendant or defendants in such action or suit General issue, and may plead the general issue, and give the special matter in evide

and if upon such action or suit a verdict shall be given for the defenda

c. 28.

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c. 30.

cu defendants, or the plaintiff or plaintiffs or prosecutor shall become nonsuit, No. I. one or shall not prosecute his or their said action or suit, then the defendant

10 Geo. II. en or defendants shall have treble costs, and shall have the like remedy for the Ti same, as any defendant or defendants have in other cases by law.

Treble costs. [No. II.] 28 George III. c. 30.-An Act to enable JusDivak

tices of the Peace to license Theatrical Representations inte

occasionally, under the Restrictions therein contained. Fise · WHEREAS by an Act passed in the tenth year of the reign of his late No. II. Majesty King George the Second, certain penalties and punishments

28 Geo. III. hice were inflicted on every person who should, for hire, gain, or reward, act, , O" represent, or perform, or cause to be acted, represented, or performed, tera' any interlude, tragedy, comedy, opera, play, farce, or other entertainment at of the stage, or any part or parts therein, except as in the said Act is ex- Preamble. of,2* cepted: And whereas divers Acts of Parliament have since been solicited 10 G.2. c. 28. ir • and obtained for divers cities, towns, and places, for exempting them rect on spectively from the provisions of the said law: And whereas it may be

expedient to permit and suffer, in towns of considerable resort, theatrical theg representations for a limited time, and under regulations; in which neverin jø theless, it would be highly impolitick, inexpedient, and unreasonable, to Bera“ permit the establishment of a constant and regular theatre:' May it therean fore please your Majesty that it may be enacted, and be it enacted by the pron King's most excellent Majesty, by and with the advice and consent of the ttet Lords Spiritual and Temporal, and Commons, in this present Parliament asmpilasembled, and by the authority of the same, That it shall and may be lawful to Justices of the ummand for the justices of the peace of any county, riding, or liberty, in general peace may, at

the general or of for quarter sessions assembled, at their discretion, to grant a licence to any my superson or persons, making application for the same by petition, for the per- sions, grant li

quarter ses. redsformance of such tragedies, comedies, interludes, operas, plays, or farces, as

cences for the e to now are, or hereafter shall be acted, performed, or represented at either of performance ng

patent or licensed theatres in the city of Westminster, or as shall, in the of plays, &c. rye manner prescribed by law, have been submitted to the inspection of the under the renittdord chamberlain of the King's household for the time being, at any strictions here. beriplace within their jurisdictions, or within any city, town or place, situate in specified. ur, (within the limits of the same, for any number of days, not exceeding sixty y, fidays, to commence within the then next six months, and to be within mathe space of such four months as shall be specified in the said licence, so as ves there be only one licence in use at the same time within the jurisdiction id inso given, and so as such place be not within twenty miles of the cities of :getLondon, Westminster, or Edinburgh, or eight miles of any patent or licensed

litstheatre, or ten miles of the residence of his Majesty, his heirs or successors, naltor of any place within the same jurisdiction, at which, within six months the preceding, a licence under this Act shall have been had and exercised, or to within fourteen miles of either of the universities of 0.xford and Cambridge,

or within two miles of the outward limits of any city, town, or place, havif sing peculiar jurisdiction; and so also as no licence under this Act shall have ient been had and exercised at the same place, within eight months then next ited preceding; any law or statute for the punishment of persons employed in nishitheatrical representations to the contrary in any wise notwithstanding. ed a II. Provided always, That no such licence shall be granted by the justices Licences not

as aforesaid, to be exercised within any city, town, or place, having peculiar to be granted lo pjurisdiction, unless proof shall be made that the niajority of the justices within any un acting for such peculiar jurisdiction, have, at a publick meeting, signed their place having ten consent and approbation to the said application, or unless an express condi- pleculiar juris2 coption shall be therein inserted, that the same shall not be valid and effectual

diction,

out the consent onjuntil it shall have been approved by the majority of the justices of such pe- of the majority chaculiar jurisdiction, at a meeting holden expressly for taking the same into of the justices er a consideration.

acting for such Esha III. Provided also, That no such licence shall be granted by the justices jur.sdiction. lend aforesaid within any city, town, or place, unless notice shall have been No licence to anta given by the person or persons applying for such licence, at least three be granted unC 2

less three

othe

weeks' notice weeks before such application, to the mayor, bailift, or other chief civil be given the officer or officers of such city, town, or place, of his or their intending to mayor, &c.

make such application. previous to application for a licence.

PART VI.-Class XXVIII.

POOR.

T

overseers:

[No. I.) 43 Elizabeth, c. 2.--An Act for the Relief of the No. I.

Poor. 43 Elizabeth, BE it enacted by the authority of this present Parliament, that the churchc. 2.

wardens of every parish (1), and four, three or two (2) substantial

householders (3) there, as shall be thought meet, having respect to the proWho shall be

portion and greatness of the same parish and parishes, to be nominated

yearly in Easter week (4), or within one month after Easter(5), under the their office,

hand and seal of two or more justices (6) of the peace in the same county,' Bu &c.

whereof one to be of the quorum, dwelling in or near the same parish or di-50 vision (7) where the same parish doth lie, shall be called overseers of the na

poor of the same parish : and they, or the greater part of them, shall take u Who shall be order from time to time, by and with the consent of two or more such * taxed towards justices of peace(8) as is aforesaid, for setting to work the children of all relief of poor.

(1) As to townships and vills, see 13 and 14 Ch. II. c. 12, post, No. 2 ;)) Geo. II. c. 33, post.

(2) An appointment cannot be of more than four; Loxdale, 1 Bur. 446:** nor of less than two ; Morris, 4 T. R. 550. So of a town hip under 13 and 14 Ch. II.; and a certificate signed by a sole overseer is void; Clition, 2 East, 168. Dissenting teachers exempted; 1 W. and M. c. 18. s. 11. Free men of the Corporation of Surgeons of London; 18 Geo. II. c. 1.1. Attorniesol. and barristers; Pordage, 1 Bott. 16.; Pronse, ibid. Ciergymen; Semble, le 6 Mod. 140. An officer of the customs, although he have not his writ of priek vilege at the time of the appointment; Warner, 8 T. R. 373.

(3) They must be stated to be substintial householders in the appointment Weobly, 9 Str. 1961. An appointment of A, a substantial householder of thieth parish of B, to be overseer of the hamlet of C, in the said parish, good; Morris, " 4 T. R.550. As to the quality of substantial householder, see R. 7. Stabbs, tl, 2 T. R. 39.). A woman may be appointed overseer: S. C. A justice of peace ought not to be appointed, the offices being incompatible; Semble, 1 Bur. 245, 2 T. R.779.

(4) Q. If an appointment on a Sunday is good. Semble, not. Vi, Butler, 1 B1. 6.19. Bridgewater, Cooper, 139.

(5) An appointment after the end of the month is good, the statute being only directory; Sparrow, 2 Str. 1123. It two appointments, in other respects proper, are made the same day, the first is good, the second void ; Searle, 1 Bott. 21, pl. 37 ; Menluurst and Allen, ibid 25, pl. 13. The magis trates having made their appointment, their jurisdiction in that respect is at an end; Great Marlow, 2 East, 241.

(6) The justices must be together; Forrest, 3 T. R. 38 ; Great Marlow, 2 East, 244.

(7) An appointment not mentioning the justices to be of the division, # good; Sparrow, 1 Bott. 25, pl. 44.

POOR RATES. (8) The allowance by the justices is merely ministerial; Uttoxcter, 1 Bott.

whose parents shall not by the said churchwardens and overseers, or No. I. greater part of them, be thought able to keep and maintain their chil

43 Elizabeth, :: And also for setting to work all such persons, married or unmarried,

c. 2. : no means to maintain them, as use no ordinary and daily trade of lu get their living by: And also to raise weekly or otherwise (by taxa of every inhabitant (9), parson, vicar and other, and of every occupier Kvoiston, 1 E1st, 118. They are compellable by mandamus to allow; poester, 1 Str. 393. Rate for a borough cannot be allowed by justices of Lenty, or made by overseers appointed by them ; Foley, 1 Bott. 78.

The liability to the poor-rate is divisible into two principal heads ; 1st. e inli abitancy, as connected with certain property ; 2d. that of the ocson of property, independently of the question of inhabitancy. The

upon the first of these heads, may be subdivided into cases which relate e character of inhabitancy, and those which relate to property ; in reHol which, inhabitants, as such, may be chargeable.

INHABITANCY. 2) It may now be considered as established, by the case of the inhabi- Personal resi

of Liverpool, 8 East, 453, Note R. v. Collinson; ib. Rex v. Nicholson, depce necesst

, 330; Williams v. Jones, ib, 346, the personal residence is necessary sary. estitute inbabitaney: e chief questions with respect to the rateability on account of inhabi- Local usage.

s have arisen upon personal estate; as to which a great number of ques-
were decided, especially during tlie time of Lord Mansfield, upon the
hcal usage of the places where they originated; and the Court even re-
to admit the parties to wave the statement of such usage, in order to
ha decision of the general question.
Set the impropriety of this principle is extremely manifest, and was always
zly felt by the profession. Lord Kenyon, in one of his earliest decisions,

an incidental opportunity to express his protest against it. But the i had previously advanced so far as to establish, that such property, if dable

, must be local, visible property, within the parish; Andover Coo30: and shortly afterwards the question was brought very extensively the Court, by the case of the King v. White, 4 T. R.771, in which the Des principles were established :--that ships were rateable in the pa- What personal

which was their home ;(2) that stock in trade is so in the parish ; (3) property rateney out at interest, money in specie, household furniture and salaries able;

what not. In pursuance of the above principles it hias been decided, in R. v. Packet boat. 13 East, 451, that an inhabitant of Holyhead was rateable to the

poor for a packet boat employed in carrying the mail to Ireland, provided Laat his own expense, and registered elsewhere. 13 been hield that an attorney is not rate able for his fees and profits ; Attorneys' Martifant, M. 37 G. 3.

profits. Stuck in trade * is only rateable if productive, and it is for the ses- Stock in trade.

determine that fact, and also the amount of the rate; and, therefore, e se sessions quash a rate for not including stock in trade, wliich they Night to be rated, without finding more ; as, whether it produced proer was liable to incumbrances equal to the value: the order of sessions

as not sufficiently disclosing facts to enable the Court to draw coclusion, that the persons omitted ought to have been rated, although

he justices might have drawn the conclusion, that the possessor should Eled; R. o. Dureslv, 6 T. R.53. In the case of Darlington, 6 T. R. 468,

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found, that certain persons (the not charging of whom in the rate for a in trade, and appeared to carry on business to the same extent as in the

was the ground of appeal) kept shops, and possessed a visible Wieding year, when they paid the rate; but that their circumstances or als, or that they made profit of their stock in traile, or that it was exclu. hons to the statute 41 G. III. which authorises amending rates.]-Where Court of B. R. held, that they ought to have quashed the rate.--[This was

or a clear residue atter debts paid, did not appear; and eh were not rated, and that evidence was given of the amount of the a stated that several inhabitants were possessed of visible stocks in trade, Purplus of such stock in the several instances, but that the justices were rade; Rex v. Sherborne, 8 E.537. lik, &c. in the hands of silk twisters, to be spun, is not rateable as stock

ham trade,

se of their debts,

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of lands, houses, tithes impropriate, propriations of tithes, coal-mincs, or saleable underwoods in the said parish, in such competent sum and sums not satisfied, from the evidence. that there was any sum or surplus by which they could amend the rate, which they therefore confirmed : the order was supported, and it was said by Lord Ellenborough, “ stock in trade, merely as being visible, is not liable to be rated ; but, to make it rateable, it must also be prodnctive ; but the justices have not found that it was productive, or, what is to the same effect, that it had not been proved to their satisfac. tion ; " R. v. Sir A. Macdonaldl, 12 East, 32-1.

[The real point upon which the sessions decided this case, in which the editor was counsel, was, not that the evidence was insufficient to shew that the property was productive generally, but that it did not go to prove the sums in particular for which the rate ought to have been made; and this, in fact, appears to be an insu. " perable ditticulty attached to the suivject, whenever the questiou is fairly contested.

It may also be observed, that when a rate is objected to, as not including particular persons, liable in respect of personal estates, and due notice is given to those persons, and the case is sufficiently made out to affect them, they are reasonably entitled to object to the amendment of the rate, by including a charge against them, when there are others in the same situation to wliom the notice has not been given, and who, therefore, cannot be included; whereby the 10 amendment may have a partial and unequal operation, and would, therefore, be umjust.

The consequences which may arise from this consideration, and the practical difficulties which necessarily attend the rating ot' per. sonal property if contested, compared to the smallness of the ad. vantage which can result from it, may possibly he a matter of sufli cient consideration to the Legislature, as furnishing ground for re.

inoving the liability altogether.] In the case of Ambleuide, 16 E. 380, the sessions quashed the rate for not including personal property; and the Court of King's Bench set aside the order of sessions, because they ought to have amended the rate, by virtue of the power in st. 41 Geo. III. c. 23, and not to have quashed it. But it is to be observed, that the statute expressly provides, that if the sessions shall be of opinion that it is necessary, for the purpose of giving relief to the person or persons appealing, that thic rate should be wholly quashed, then the said my court may quash the same.

OCCUPATION. $ [5] The next head of this note, which relates chiefly to the liability to the poor rates by reason of occupation, as distinguished from inhabitancy, is pro fessedly abridged from the edition of Burn. The cases referred to relate either 1st., to the mode of occupation by the person rated; or, 2d. to the subjec matter rated.

I. WITH 1. ESPECT TO THE Mope of OCCUPATION. $ [6] Using one of the rooms of a house, by keeping a lathe for amusement keeping corn in another part, occupying the garden, and allowing a poor per son to sleep in a part having no communication with the remainder, is an oc cupation of the whole; St. Jlary the Less, Durham, * T. R. 177.

So a surgeon of a militia regiment, leaving an assistant in possession of the shop, wlich had no communication with the house (the garden being taken care of"), the person with whom the key was left allowing a friend of the mase ter to lodge there, the house being always ready for the master's return; Aberystwith, 10 E. 351.

A person building a school for the education of poor children on his charity and the house being wholly appropriated for this purpose, is not an occupier Waldo Cald. S58.

But persons in the beneficial occupation of lands upon a charitable institu. tion are rateable; Munday, 1 East, 584.

So the master of a free school, for a house, garden, and other property, without rent; Catt. 6 T. R. 352.

So an officer of Chelsea Hospital, having apartments distinctly and sepat rately for his own use; Ayre v. Smallpeare, i Bott. 131.

But not the matron of a charitable institution (the Philanthropic Society), having no distinct apartment for herself, but a bed-chamber, in the house ; her family not being allowed to reside therein; Field, 5 T. R.587.

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