c. 46.

of the parish or place where the offence shall be committed; and in case No. LXXXII.
such person shall refuse or neglect to pay the same, or to give sufficient 57 Geo. III.
security to the satisfaction of such justice or justices, to prosecute any ap-
peal against such conviction, such justice or justices shall, by warrant un-
der his or their hand and seal, or hands and seals, cause the same to be
levied by distress and sale of the offender's goods and chattels, together
with all costs and charges attending such distress and sale, returning the
overplus (if any) to the owner; and which said warrant of distress the said
justice or justices shall cause to be made out in the manner and form fol-
lowing (that is to say):

To the Constable, Headborough, or Tithingman of
in the county of

WHEREAS A. B. of

is this day Warrant. convicted before me, [or, us,] one [or, more] of his Majesty's justices of the peace [as the case may be] for the county of [or,

' for the

or,

riding of the county of York, or, for the town, liberty,

as the case may be], upon the oath of

to be dis

a credible witness or witnesses, [or, by confession of the હૈ party, as the case may bel, for that the said A. B. hath [here set forth the offence] contrary to the statute in that case made and provided, by reason whereof the said A. B. hath forfeited the sum of tributed as herein is mentioned, which he hath refused to pay: These are therefore in his Majesty's name to command you to levy the said sum of by distress of the goods and chattels of him the said A. B.; and if within the space days next after such distress by you taken, the said sum, together with reasonable charges of taking the same, shall not be paid, then that you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale, that you do pay one-half of the said sum of of

to

❝ who informed me [or, us, as the case shall be] of the said offence, and the
• other half of the said sum of
to the overseer of the poor of

the parish [township or place] where the offence was committed, to be
employed for the benefit of such poor, returning the overplus (if any)
upon demand to the said A. B., the reasonable charges of taking, keeping,
' and selling the said distress being first deducted; and if sufficient distress
⚫eannot be found of the goods and chattels of the said A. B. whereon to
levy the said sum of
that then you certify the same to me
"[or, us, as the case shall be], together with this warrant. Given under my
hand and seal [or, our hands and seals], the

' in the year of our Lord

day of

XIV. And be it further enacted, That it shall be lawful for such justice For detaining or justices to order such offender to be detained in safe custody until return offenders till may conveniently be had and made to such warrant of distress, unless the return of party so convicted shall give sufficient security, to the satisfaction of such warrant. justice or justices for his appearance before the said justice or justices, on such day as shall be appointed by the said justice or justices for the day of the return of the said warrant of distress (such day not exceeding five days from the taking of such security), which security the said justice or justices is and are hereby empowered to take, by way of recognizance, or otherwise.

XV. And be it further enacted, That if upon such return no sufficient Committal of distress can be had, then and in such case the said justice or justices shall defaulters. and may commit such offender to the common gaol or house of correction of the county, riding, division, or place where the offence shall be committed, for the space of one calendar month, unless the money forfeited shall be sooner paid, or unless or until such offender, thinking him or herself aggrieved by such conviction, shall give notice to the informer that he or she intends to appeal to the justices of the peace at the next general quarter-sessions of the peace to be holden for the county, riding, or place wherein the offence shall be committed, and shall enter into recognizance before some justice or justices, with two sufficient sureties, conditioned to try such appeal, and to abide the order of and pay such costs as shall be awarded by the justices at such quarter-sessions; which notice of appeal, VOL. V.

c. 46.

[Part V. No. LXXXII. being not less than eight days before such quarter-sessions, such person so 57 Geo. III. aggrieved is hereby empowered to give; and the said justices at such sessions, upon due proof of such notice being given as aforesaid, and of the entering into such recognizance, shall hear and finally determine the causes and matters of such appeal in a summary way, and award such costs to the parties appealing or appealed against, as they the said justices shall think proper; and the determination of such quarter-sessions shall be final, binding, and conclusive, to all intents and purposes.

Competency of

witnesses.

XVI. And be it further enacted, That no person shall be disabled from being a witness in any prosecution for any offence against this Act, by reason of his being an inhabitant of the parish wherein such offence was committed: Provided always, that no proceeding to be had touching the conviction or convictions of any offender or offenders against this Act shall be quashed or vacated for want of form, or be removed by writ of certiorari, or any other writ or process whatsoever, into any of his Majesty's Courts of Record at Westminster, or elsewhere.

XVII. And be it further enacted, That if any action or suit shall be commenced against any person or persons for any thing done or acted in pursuance of this Act, then and in every such case such action or suit shall be commenced or prosecuted within three calendar months after the fact was committed, and not afterwards; and the same and every such action or suit shall be brought within the county where the fact was committed, and not elsewhere; and the defendant or defendants in every such action or suit shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if the same shall appear to have been so done, or if any such action or suit shall be brought after the time limited for bringing the same, or be brought or laid in any other place than as afore-mentioned, then the jury shall find for the defendant or defendants; or if the plaintiff or plaintiffs shall become nonsuit, or discontinue his, her, or their action after the defendant or defendants shall have appeared, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs, and have the like remedy for the recovery thereof as any defendant or defendants hath or have in any other cases by law.

XVIII. Provided always, and be it enacted, That nothing in this Act contained shall extend or be construed to extend to any copper monies of the realm now current, or to be current, by virtue of any proclamation or proclamations that shall have been or may be issued by his Majesty.

[No. LXXXIII.] 58 George III. c. 14.-An Act to amend an Act of the last Session of Parliament, for preventing the further circulation of Dollars and Tokens issued by the Governor and Company of the Bank of England. [19th March 1818.]

[No. LXXXIV.] 58 George III. c. 37.-An Act for further continuing, until the 5th day of July 1819, an Act of the forty-fourth year of his present Majesty, to continue the Restrictions contained in several Acts of his present Majesty, on Payments of Cash by the Bank of England. [28th May 1818.]

[No. LXXXV.] 58 George III. c. 51.—An Act to amend certain Acts passed in the fourth year of King Edward the Fourth; 1st and 10th years of Queen Anne; first, twelfth, and thirteenth years of King George I.; thirteenth, twenty

second, and twenty-ninth years of King George the Second; No. LXXXV. and thirteenth and fifty-seventh years of King George the 58 Geo. III. Third, prohibiting the payment of the wages of workmen, in certain trades, otherwise than in the lawful coin or money of this realm. [30th May 1818.]

[No. LXXXVI.] 58 Geo. III. c. 60.-An Act to continue, until three months after the ceasing of any Restriction imposed on the Bank of England from issuing Cash in Payment, the several Acts for confirming and continuing the Restrictions on Payments in Cash by the Bank of Ireland.

[No. LXXXVII.] 59 Geo. III. c. 23.-An Act to restrain, until the end of the present Session of Parliament, the Governor and Company of the Bank of England from making Payments in Cash, under certain notices given by them for that purpose. [6th April 1819.]

[No. LXXXVIII.] 59 Geo. III. c. 24.-An Act to restrain, until the end of the present Session of Parliament, the Governor and Company of the Bank of Ireland from making Payments in the Gold Coin of this Realm, under certain notices given by them.

[No. LXXXIX.] 59 Geo. III. c. 49.-An Act to continue the Restrictions contained in several Acts, on Payments in Cash by the Bank of England, until the first day of May 1823; and to provide for the gradual Resumption of such Payments; and to permit the Exportation of Gold and Silver. [2d July 1819.]

[No. XC.] 59 Geo. III. c. 99. An Act to continue, until the 1st day of June 1823, the Restrictions on Payments in Cash by the Bank of Ireland, and to direct the gradual Resumption of Cash Payments by the said Bank. [12th July 1819.]

c. 51.

PART V.-CLASS IV.

HOMICIDE.

[No. I.] 52 Henry III. c. 25.-What kind of Manslaughter shall be adjudged Murther.

MURTHER from henceforth shall not be judged before our justices, where it is found misfortune only, but it shall take place in such as

are slain by felony, and not otherwise."

>

[No. II.] 4 Edward I. st. 2.-Of what things a Coroner shall inquire.

A
CORONER of our Lord the King ought to inquire of these things,
first, when coroners are commanded by the King's bailiffs, or by ho-
nest men of the country, they shall go to the places where any be slain,
or suddenly dead or wounded, or where houses are broken, or where
6 treasure is said to be found, and shall forthwith command four of the next
towns, or five or six, to appear before him in such a place; and when
they are come thither, the coroner, upon the oath of them, shall inquire
' in this manner, that is to wit, If it concerns a man slain, whether they
'know where the person was slain, whether it were in any house, field, bed,
tavern, or company, and if any, and who were there: Likewise, it is to be
inquired, who were, and in what manner culpable, either of the act, or of
'the force, and who were present, either men or women, and of what age
soever they be (if they can speak, or have any discretion); and how many
soever be found culpable by inquisition in any of the manners aforesaid,
they shall be taken and delivered to the sheriff, and shall be committed
to the gaol; and such as be founden, and be not culpable, shall be at-
tached until the coming of the justices, and their names shall be written
in the rolls of the coroners. If it fortune any such man be slain in the
'fields or woods, and be there found, first it is to be inquired, whether he
were slain there or not; and if he were brought and laid there, they shall
'do so much as they can to follow their steps that brought the body thither,
or of the horse which brought him, or cart, if, perchance, he was brought
upon a horse or cart: It shall be inquired also if the dead person were
'known, or else a stranger, and where he lay the night before; and if there
be any who are said to be guilty of the murder, the coroner shall imme-
diately go unto their house, and shall inquire what goods they have, and
'what corn they have in their grange, and if they be freemen, they shall
inquire how much land they have, and what it is worth yearly; and fur-
ther, what corn they have upon the ground. And when they have thus
inquired upon every thing, they shall cause all the corn and goods to be
valued, and the land to be extended, so that they may be sold inconti-
nently, and thereupon they shall be delivered to the whole township,
which shall be answerable before the justices for all; and likewise of his
freehold, how much it is worth yearly, over and above the service due to
the lords of the fee; and the land shall remain in the King's hands, until
the lords of the fee have made fine for it. And immediately upon these
things being inquired, the bodies of such persons being dead or slain shall
⚫ be buried.

6

'

II. In like manner, it is to be inquired of them that be drowned, or suddenly dead, and after it is to be seen of such bodies, whether they were so drowned, or slain, or strangled, by the sign of a cord tied streight about their necks, or about any of their members, or upon any other hurt * found upon their bodies, whereupon they shall proceed in the form abovesaid; and if they were not slain, then ought the coroner to attach the finders, and all other in the company. A coroner also ought to inquire ' of treasure that is found, who know the finders, and likewise who is suspected thereof; and that may be well perceived * where one liveth riotously, haunting taverns, and hath done so of long time; hereupon he may be * attached for this suspicion by four, or six, or more pledges, if they may be found. Further, if any be appealed of rape, he must be attached, if the appeal be fresh, and they must see apparent sign of truth, by effusion of 'blood, or an open cry made; and such shall be attached by four or six pledges, if he may be found: If the appeal were without cry, or without any manifest effusion of blood, two pledges shall be sufficient. Upon ap'peal of wounds and such like, especially if the wounds be mortal, the par'ties appealed shall be taken immediately, and kept until it be known perfectly, whether he that is hurt shall recover or not; and if he die, the ❝ offenders shall be kept; and if the parties hurt recover health, the offen ⚫ders shall be attached by four or six pledges, after, as the wound is great or small. If it be for a maim, he shall find more than four pledges; if it

'

be for a small wound, without maihem, two pledges shall suffice. Also 'all wounds ought to be viewed, the length, breadth, and deepness, and ' with what weapons the wound is given, and in what part of the body the wound or hurt is, and how many be culpable, and, if there are many

، wounds, who gave each particular wound; all which things must be in

,rolled in the roll of the coroners. Moreover, if one or more be appealed ؛

No. II.

4 Edw. I.

st. 2.

⚫ the party appealing of the fact shall be taken, and the party appealed of Principals and the force shall be attached also, and surely kept in ward, until the parties accessary.

، appealed of the fact be attainted or delivered. Concerning horses, boats, Deodands.

، carts, mills, &c. whereby any are slain, that properly are called deodands, they shall be valued and delivered unto the towns, as before is said.

• Concerning wreck of the sea, wheresoever it be found, if any lay hands

on it, he shall be attached by sufficient pledges, and the price of the wreck Wreck of the 'shall be valued and delivered to the towns. If any be suspected of the sea.

' death of any man being in danger of life, he shall be taken and imprison- Suspected

ed, as before is said. In like manner, huy shall be levied for all murthers, persons.

burglaries, and for men slain, or in peril to be slain, as otherwise is used Huy and cry.

، in England, and all shall follow the huy and steps, as near as can be; and

' he that doth not, and is convict thereupon, shall be attached to be afore the justices of the gaol,' &c,

[No. III.] 6 Edward I. c. 9.—One person killing another in his own defence, or by misfortune.

An Appeal of

Murther.
THE King commandeth that no writ shall be granted out of the Chan-

cery for the death of a man, to inquire whether a man did kill an، other by misfortune, or in his own defence, or in any other manner without felony; but he shall be put in prison until the coming of the justices in eyre, or justices assigned to the gaol delivery, and shall put himself upon the country before them for good and evil: In case it be found by

the country, that he did it in his defence, or by misfortune, then by the ؛

report of the justices to the King, the King shall take him to his grace, if it please him. It is provided also, that no appeal shall be abated so soon as they have been heretofore; but if the appellor declare the deed, the year, the day, the hour, the time of the King, and the town where the deed was done, the appeal shall stand in effect, and shall not be abated 'for default of fresh suit, if the party shall sue within the year and the day ' after the deed done.'

[No. IV.] 21 Edward I. st. 2.—In what case the killing of offenders in forests, chases, or warrens, is punishable, in what not.

To the intent that trespassers in forests, chases, parks, and warrens, may

more warily fear hereafter to enter and trespass in the same, than they have heretofore, our Lord the King, at his Parliament after Easter, 'the xxi year of his reign, at the instance of the nobles of his realm, hath granted and commanded to be from henceforth firmly observed, That if any forester, parker, or warrener shall find any trespassers wandering ' within his liberty, intending to do damage therein, and that will not yield cry made to stand unto the peace, but do continue their malice, and, disobeying the • King's peace, do flee, or defend themselves with force and arms; although

themselves to the foresters, warreners, or parkers, after hue and ؛

، such foresters, parkers, and warreners, or any other coming in their com -
pany, and aiding such foresters, parkers, and warreners, in the King's
'peace, do kill any offender or offenders being so found, either in arresting
or taking them, or any of them, they shall not be troubled
upon the same
'before the King or his justices, or before any other the King's bailiffs, or
any other, within any franchise or without; nor shall leese, for so doing,
either life or limb, or suffer any other punishment, but shall enjoy the
f King's peace as they did before."

No. III,

6 Edw. I.

c. 9.

No. IV.

21 Edw. I.

st. 2.