&c. beyond the local limits wherein the duties of watch and ward shall be performed under the provisions of this act. By s. 23. all powers, provisions, &c. in this act contained The clauses in in relation to constables, shall extend to every head-bo s. 23, relation to con to head bo roughs, &c. s. 24. stables to extend rough, borsholder, tythingman, or other officer performing the duty of constable, by whatever name such officer may be called. And by s. 24. all the provisions in this act in The provisions relation to any county, shall extend to any riding or di counties to ex- vision within or for which separate general or quarter sestend to ridings, sions are held; and it shall be lawful for the justices of peace in respect to or divisions; and extra-parochial in any county, city, &c. to add any extra-parochial place places may be added to parish- to any parish for the purposes of this act ; and all constables and special constables, and other officers having the authority of constables, shall have full power in any such extraparochial place; and where there shall be no rates levied in any such extra-parochial places, either for the payment of any expenses of police, or preservation of the peace, or for relief of the poor, out of which any of the expenses of putting this act into execution can be paid, it shall be lawful for said justices to cause rates to be made and levied in such extra-parochial places for the payment of such expenses, so that such extra-parochial places shall bear their fair proportion of expense with the parish or parishes to which they shall be added; and all constables shall make and collect such rates, and shall have the like powers for the assessing, rating, levying and collecting the same, as any overscers of the poor have for the making and levying any rate for the relief of the poor. S. 25. although out of tion. By s. 25. it shall be lawful for any constable or special Constables may constable in any case in which any offender against this apprehend offenders escaping act shall, upon pursuit, escape out of his jurisdiction, to apupon pursuit,prehend such offender at any place, although out of his their jurisdic. jurisdiction, and to exercise all such authorities and enjoy all privileges in relation to the arrest of such offender, as if he had been apprehended within his jurisdiction. By s. 26. every person watching, &c. in the capacity of such Justices at spe- special constable, shall, for every night and for every day sions to settle he shall be so engaged, receive such compensation or allowance as the justices of peace, at any special general sessions so held, as before mentioned, shall direct; S. 26. cial gene al ses compensation for constables, &c. and pay those watch overseer of the s. 27. Justices, &c. pensation to per may make com and every other person engaged in so watching, &c. shall (if his behaviour be satisfactory to the constable or special constable of the watch of that parish in which he resides) be entitled to receive such sum as the justices at said sessions shall direct, &c; to be paid, forthwith, by the constable of the parish, and re-paid to the constable by the overseer of the poor of said parish, on being entered in a book Constables to by such constable, and delivered to such overseer of the ing, &c. and to poor, after having been verified on oath before a justice of be repaid by peace for said respective counties, and certified in writing poor. by such justice, as having been so verified upon oath, and as having been examined and allowed by said justice: Provided that any person from whom any compensation for watching, &c. shall have been so withheld by any constable, may appeal to any justice of peace for the county in which such complaint arose, whose decision' shall be conclusive. By s. 27. it shall be lawful for the magistrates or justices in any county, city, &c. in which any disturbances against the peace shall prevail or be apprehended, and in which any number of persons shall, with the approbation of the majority of such magistrates assembled at any special general session of the peace within such county, city, &c. have voluntarily assembled for the purpose of watching and warding, and shall watch, &c. under such regulations as shall be approved by such magistrates as aforesaid, to allow to the persons so watching, &c. (although such watch, &c. shall not be carried on under the provisions of this act,) such compensation for their time as shall appear to such magistrates to be reasonable, out of any rate or assessment levied on such county, &c. for the police thereof, or out of the poor or other rates of the several or any of the parishes thereof, in such proportions as shall appear to them to be proper; and in such case it shall be lawful for the persons authorized to assess and levy such rates, to raise any money necessary for paying such compensation, by all such powers, &c. as by law authorized for raising the rates out of which such compen. sations are by this act made payable. sons voluntarily watching, &c. s 28. By s. 28. if any person shall assault or resist any person watching or warding, whilst in the execution of his office, Assaulting, &c. any person watching, &c. or shall promote or encourage the same, he shall, upon how punished. THEC ४ $ 29. s. 30. upon informa tion on oath, apprehend may st angers sus mine them on oath, &c. conviction before a magistrate, forfeit any sum not exceeding £20. and shall be also liable to such other punishment upon conviction, on any indictment or information for such offence, as any persons are liable to for assaulting any constable in the execution of his office. And by s. 29. if any victualler, or keeper of any public house, Penalty on vic- shall knowingly harbour or entertain, or permit any pertuallers. &c. harbouring per- son so engaged in watching, &c. to abide or remain in his sons watching, house drinking or tippling at the hours and times directed &c. for watching, &c. he shall for the first offence forfeit 40s. and for the second offence £5. and for the third and every subsequent offence £10. And this act (s. 30.) recites, Any 2 justices, that divers ill disposed and suspected persons resort to towns and villages, &c. and, although their evil purposes are sufficiently manifested, justices of peace have no effecpected t be dan- tual means of removing them; and therefore enacts, that gerous to the it shall be lawful for any 2 justices of peace, upon inforpence of the place, and exa- mation on oath by any constable, or other credible wit ness, that any person not being a householder of the place, nor legally settled therein, nor a native thereof, is, in the belief of such constable, &c. dangerous to the peace of the place where he is resorting, or that he is endeavouring to seduce others to aid and abet disturbances therein, or in other places, to issue a warrant to apprehend such person, and to cause such person to come before them, and to examine such person upon oath as to the parish or place where he was last legally settled, and the place or places where he has resided for some time past, and as to his means of livelihood, and his occupation and employment, and mode of living, and reason for resorting to the place where he is so found; and the substance of such examination shall be reduced to writing, and signed by such justices, and by the person so examined, and shall be transtransmitted to mitted to the next general or quarter sessions of the peace generalo quarfor the county, there to be filed, &c.; and if such person shall not be able to give a satisfactory account of himself, &c. and it shall appear to the satisfaction of said justices, upon any such examination, or upon the examination on oath of the constable or other credible witness, (which Examination ter sessions. oaths remove such person to the if place of his le oaths said justices may administer) that there is just ground to believe that the person so apprehended is engaged in practices dangerous to the public peace, then it shall be lawful for said justices to order such person forthwith to Justices may return, or, if he shall refuse to obey such order, to remove such person to the place of his legal settlement, gal settlement, the same can be ascertained, or, if not, to the place or last residence. where he shall have last resided, in like manner as any vagrants may now by law be removed; and if any such person shall, after any such order to return to the place of his settlement or residence, or removal to such place as aforesaid, return to the place from which he shall have been so sent, &c. without shewing sufficient cause to be approved of by said justices, or if such person shall, up- Such person reon his examination, refuse to answer; or if the account turning, refusing to answer, or which he has given of himself shall prove to be false, it giving a false account of himshall be lawful for any 2 justices to adjudge such person to self, adjudged a be a rogue and vagabond within the meaning of the rogue and a va gabond. And by s. 31. it shall be lawful for any s. 31. 17 Geo. 2. c. 5. 2 justices of the peace to require the constables in any pa- Any 2 justices rish or place to make out and deliver to them, within such may require constables to re turn lists of per sons above the age of 14 years parish, &c. time as shall be required by such justices, and as often as the said justices shall deem the same to be necessary, true lists of all persons usually residing or then being within residing in any the parish in which the list shall be required, above the age of 14; and it shall be lawful for any such constable to demand from each householder within the parish, a true list or account of the christian and surname of every person then in the house of such householder, above the age of 14 years; and every person who shall neglect or refuse, on the same being demanded, to give such list, &c. to the constable, or who shall, knowingly, give any false account, shall forfeit any sum not exceeding £5. ; and any constable who shall neglect, &c. to make out and deliver such list to the justices who shall demand the same, shall forfeit any sumnot exceeding £10. Provided (s. 32.) that if any person shall think himself aggrieved by the judgment of such Proceedings justices, such person may appeal to the justices of peace upon appeal to at the next general or quarter sessions to be held for ter sessions from judgment of the county or place wherein the cause of complaint justices. shall s. 32. general or quar S. 33. this act how applied. shall have arisen, such person, at the time of such judg ment, entering into a recognizance personally to appear at said sessions to try such appeal, and to abide the further judgment of the justices at such sessions: provided that the appeal shall not prevent the execution of such judg ment, unless the party appealing shall produce 2 sufficient sureties, being householders of the parish in which he was apprehended, who shall enter into a recognizance, in such amount as the said magistrates shall approve, to prosecute such appeal, and for the good behaviour of such person until the time of hearing said appeal. By s. 33. any person Penalties under guilty of any offence for which any pecuniary penalty may recovered and be incurred by this act, shall and may be convicted thereof, by information upon the oath of a credible witness, by any one or more justices of the peace acting in and for the county, wherein such offence shall be committed; and such penalties shall and may belevied by [*distress,] under the hand and seal of any justice or justices of the peace for the county in which such offence was committed, or where the forfeiture was incurred; and shall, when levied, be paid, one moiety to the informer, and the other to the poor of the parish in which the offence was committed; and, in case of no sufficient distress, such justice or justices may commit such offender to the common gaol or house of correction to hard labour, for such time not exceeding 3 months, as said justice, &c. shall think fit. By s. 34. Convictions how the justices, &c. shall cause every conviction to be drawn drawn up, &c. up in the form, or to the effect specified in the schedule to this act, and marked (B.); and shall cause the same to be fairly written on parchment, and transmitted to the next general quarter sessions, to be kept among the records of said court: and any person convicted of any of the of on appeal from fences punishable by this act, may appeal to any general quarter sessions of the peace next holden after such conviction in and for said respective counties, giving unto the justice, &c. before whom such conviction shall be made, notice in writing, within 8 days after any such conviction, of his intention to prefer such appeal; and the said justices, &. 34. Proceeding up conviction. The words "by distress" should, it seems, be" by warrant.” in |