such goods in their possession; and if they do not give a satisfactory account of how they became possessed of such goods, they are to be adjudged to have stolen them, and for the first offence are to forfeit and pay treble the value to the owner thereof, and in default of payment be committed to gaol for three months. For a second offence the committal is to be for six months, and a third offence entails the penalty of transportation for seven years. The punishment in this case is much less severe than that awarded against sheepstealers by the preceding Act, but was probably not on that account less effective. In both cases the owners are of necessity compelled to leave their property much exposed, one in the open field, the other in the bleachground; and therefore some special attention seems to have been required for guarding it from depredation. 1744. 17 Geo. II. cap. 3. notice of rate, etc. The 17 George II. cap. 3, is entitled "An Act to oblige Overseers to give Public Notice of Rates made for the Relief of the Poor, and to produce the same. Overseers It declares in the recital, that great inconveniences to give often arise through the unlimited power of church- making a wardens and overseers of the poor, who often for private ends make rates in a secret and clandestine manner, contrary to the true intent of the statute of Elizabeth. For remedy whereof it is enacted, that notice shall be given publicly in the church, of every rate allowed by the justices for the relief of the poor, the Sunday next after such allowance, without which notice no rate is to be held valid. It is further provided, that every inhabitant shall be permitted to inspect such rate "at all seasonable times, and may obtain a copy of the whole, or any part thereof, "paying at the rate of sixpence for every twenty-four names." And if any churchwarden, overseer, or other authorised person, shall not permit a parishioner to inspect the rates, or shall refuse or neglect to give copies thereof, they are to forfeit and pay to the party aggrieved the sum of twenty pounds. This 1744. 17 Geo. II. to account. highly important statute, as regards the making and levying the poor-rate. By securing publicity, it provides the best safeguard against abusive or partial assessments, and the want of such a guard had evidently been felt by the ratepayers. But something more was still necessary, for preventing an improper disbursement of the money raised, and here also we find publicity resorted to as a means of protection. The 17 George II. cap. 38, recites, that “by reason cap. 38. of some defects in 43 Elizabeth, cap. 2, the money Overseers raised for the relief of the poor is liable to be misapplied, and there is often great difficulty and delay in raising of the same." For remedy whereof it is enacted, that the churchwardens and overseers shall yearly, within fourteen days after quitting office, deliver to their successors a true and perfect account, fairly entered in a book to be kept for the purpose, of all sums of money by them received, or rated and assessed and not received; Overseers and of all goods, chattels, stock, and materials in their hands, and of all moneys disbursed by them, and of all other things concerning their said office; and they are also to deliver over to their successors the moneys, the money goods, and other things remaining in their charge. In received case the churchwardens and overseers shall refuse or bursed, etc. neglect so to make and deliver such account, or shall on quitting office, to deliver to their successors a perfect account of and dis refuse or neglect to deliver over to their successors the moneys, goods, and other things in their hands, the justices are empowered to commit them to gaol, until they deliver such account, or have paid and delivered the money, goods, and other things as herein is directed. The account is to be signed and attested on oath by the churchwardens and overseers, and the ratepayers are to be permitted at all seasonable times to inspect the same on payment of sixpence, and to obtain copies of the whole, or any part thereof, on paying sixpence for every hundred words, and so on in proportion for any greater or less number. If any one feels aggrieved by any rate or assessment, or shall object to any person's being put on or left out of the rate, or to the sum charged on any person therein, or by anything done or omitted to be done by the churchwardens and overseers, or by any justice of peace, such person, on giving reasonable notice, may appeal to the next quartersessions, which is empowered to receive and finally determine the same. Succeeding overseers are empowered to levy arrears of rate, and the goods of persons assessed, and refusing to pay, may be distrained for the amount. Overseers are moreover protected against vexatious actions, on account of want of form, or irregularity of procedure. And as persons frequently remove out of parishes without paying the rates assessed on them, and other persons enter and occupy the premises during part of the year, "by reason whereof great sums are annually lost to such parishes"-it is enacted that the person The person coming into occupation shall be liable to pay the rate occupation that was due by his predecessor when he quitted the the rate premises. Parish officers refusing or neglecting to obey the Act are, on proof thereof before two justices of the peace, to forfeit not less than twenty shillings, nor more than five pounds, to the poor of the parish. entering on is liable for due. 1744. 17 Geo. II. cap. 37. reclaimed The amount at which property is rated should obviously be open to revision whenever a change takes place in its actual value, whether arising from improvement, deterioration, or any other cause; and 17 George II. cap. 37, was passed for preventing disputes with regard to the rating, etc., of "improved wastes, Rating of and drained and improved marsh-lands." It recites, and imthat "in divers counties great quantities of waste and provede barren lands, and lands which were formerly fen or marsh ground, or covered with water, have been of late years improved or drained, and are now of very considerable value, and the inhabitants and occupiers thereof ought to pay a proportionable part of the rates VOL. II.-3 Îands, etc. 1744. 17 Geo. II. for the relief of the poor, in like manner as other inhabitants and occupiers, and likewise to bear and pay a proportionable part of all other parochial rates: but great difficulties frequently arise in determining to what parish such lands belong or ought to be rated,”wherefore it is enacted, that the occupiers of all such improved lands, etc., shall be rated to the relief of the poor and other parochial charges, within the parish which lies nearest to such lands, etc., and in the same way as any other description of property is rated. And if any dispute or difference should arise therein, it is to be determined on appeal by the persons interested, at the next general quarter-sessions of the peace. We here see evidence that great improvements had been effected, and were in progress, in the drainage and reclamation of waste lands, a sure proof of the growing prosperity of the country. The 17 George II. cap. 5, is entitled "An Act to cap. 5. amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons." This is the well-known Vagrant Act, which has substantially remained in force to the present day, although not without receiving considerable modifications. The subject had been previously twice legislated upon in the present reign, first by 10 George II. cap. 28, and next by 13 George II. cap. 24, each of these Acts being, however, based upon the statute 13 Anne, cap. 26.1 The present Act takes a more comprehensive view of the question than was done in any preceding statute, although it begins as usual by reciting that "the number of rogues, vagabonds, beggars, and other idle and disorderly persons daily increases, to the great scandal, loss, and annoyance of the kingdom." It then divides the several offenders into three classes, namely, the disorderly, the rogues 1 Vol. i. p. 377. This is 12 Anne, statute 2, cap. 23, in the common octavo edition of the Statutes. and vagabonds, and the incorrigible rogues, and assigns specific punishments to each. The first class comprises-all persons who threaten to run away, and leave their wives or children to the parish; all persons who unlawfully return to a parish, from whence they have been legally removed; all persons who, not having wherewith to maintain themselves, live idle without employment, and refuse to work for the usual wages; all persons going about from door to door, or placing themselves in streets, highways, or passages, to beg or gather alms-persons so offending are to be deemed idle and disorderly, and may be committed by a justice of peace to hard labour in the house of correction, for any time not exceeding one month. Any person may apprehend such offenders and carry them before the justice, and thereby be entitled to a reward of 5s.; and if an offender shall resist, or escape from the person so apprehending him, he is to be subjected to the higher punishment of a rogue and vagabond. The second class comprises-all persons who run away, and leave their wives and children chargeable to the parish; all persons going about as patent gatherers, or gatherers of alms, under pretences of loss by fire or other casualty, or as collectors for prisons, gaols, or hospitals; all fencers and bearwards; all minstrels and jugglers; all common players of interludes, and persons who for hire or reward act or perform, or cause to be acted or performed, any interlude, tragedy, comedy, opera, play, farce, or other entertainment of the stage, not being authorised by law; all persons pretending to be gipsies, or wandering in the habit or form of Egyptians, or pretending to have skill in physiognomy, palmistry, or like crafty science, or pretending to tell fortunes, or using any subtle craft to deceive and impose, or playing or betting at any unlawful games or plays; all petty chapmen |