any place within the jurisdiction of the justice, although it may happen to be out of the parish or district for which such constable or peace officer may have been appointed. And "such warrant may be executed by apprehending the defendant at any place within the county, riding, division, liberty, city, borough, or place, within which the justices issuing the same shall have jurisdiction, or in case of fresh pursuit, at any place in the next adjoining county or place within seven miles of the border of such first-mentioned county, riding, division, liberty, city, borough, or place, without having such warrant backed." 11 & 12 Vict. c. 43, s. 3. In other cases, to enable the constable to execute it out of the jurisdiction, the warrant must be backed, as directed ante, p. 105. Id. When the party is apprehended, he must be brought before one or more justices of the peace for the county, &c., as directed by the warrant. The warrant, however, is not returnable at any particular time, but may remain in force until it is executed. Id. It cannot be executed on a Sunday.

Warrant of Distress upon a Conviction, &c.

How executed.] The constable, to whom a warrant of distress is directed either specially or generally, must execute it. For this purpose, he seizes so much of the goods of the defendant as he thinks will be sufficient by sale to produce the amount mentioned in the warrant, together with the costs of taking, keeping, and selling the distress. He cannot, however, break open the outer door of the defendant's house, to seize them, unless where the whole or part of the penalty, for which the warrant is granted, goes to the crown. 2 Hawk. c. 14, s. 5. If the sum mentioned in the warrant, together with the costs of making the distress, be not forthwith paid, the constable may remove the goods to some place of safe custody; for he is not warranted in impounding on the premises, as in the case of a distress for rent, unless the defendant consent to it. He must keep the goods for the number of days mentioned in the warrant, and then sell them for the best price he can get for them. And the produce is thus disposed of:first, the costs of taking, keeping, and selling the distress are deducted; then the sum mentioned in the warrant, or so much of it as has been produced by the levy, is paid over to the clerk of the justices named in the warrant; and the surplus, if any, is paid to the defendant.

In what cases backed.] If sufficient distress be not found within the jurisdiction of the justice granting the warrant, and the constable have reason to believe that goods of the defendant may be found in some other county or district, he may

present the warrant to a justice of the peace of such other county or district, and upon his swearing to the handwriting of the justice who granted the warrant, the justice to whom he presents it will make an indorsement on it, authorizing the execution of it within the limits of his jurisdiction; and "by virtue of which said warrant and indorsement, the penalty or sum aforesaid, or so much thereof as may not have been before levied or paid, shall and may be levied by the person bringing such warrant, or by the person or persons to whom such warrant was originally directed, or by any constable or other peace officer of such last-mentioned county or place, by distress and sale of the goods and chattels of the defendant in such other county or place." 11 & 12 Vict. c. 42, s. 19.

How returned.] Whatever the constable does in pursuance of the warrant, he states in an indorsement on the back of it, and returns it, together with the money levied, to the clerk of the justices named in it; but, if nothing be levied, the constable must certify the same to the magistrate who granted the warrant by an indorsement on it.

Warrant of Commitment on a Conviction or Order.

A warrant of commitment on a conviction or order, whether issued in the first instance, or after an ineffectual attempt to levy the amount by distress, is executed in the same manner as the warrant to apprehend, last but one mentioned; except that, when the defendant is apprehended, the constable must take him to the house of correction or prison mentioned in the warrant, and there deliver him to the keeper, together with the warrant. See 11 & 12 Vict. c. 43, s. 21. If the defendant, instead of going to prison, pay the sum or sums mentioned in the warrant to the constable, the latter shall cease to execute the warrant, and shall pay the money forthwith to the clerk of the division in which the justice or justices who issued the warrant usually act. Id. s. 31.

GUARDIANS OF THE POOR.

1. Guardians in Unions, p. 119
2. Guardians for Single Parishes, p. 206.
3. Guardians under Local Acts, p. 207.

1. GUARDIANS IN UNIONS.

Their number and qualifica- | Their duty in maintaining

Their number and qualification.] When parishes or townships are formed into a union by order or with the concurrence of the poor law commissioners, for the administration of the laws for the relief of the poor, a board of guardians of the poor for such union is constituted and chosen, and the workhouse or workhouses of the union is governed, and relief to the poor of the several parishes is administered, by such board,—one or more guardians are to be elected for each parish, township, or place separately maintaining its own poor in the union, the number being determined by the com

missioners; the qualification for the office of guardian consists in being rated to the poor-rate of some parish or township of the union, to such an amount not exceeding the annual rental of 407., as shall be fixed by the commissioners, and without such qualification no person shall be eligible as a guardian. 4 & 5 W. 4, c. 76, s. 38. The commissioners, having due regard to the relative population or circumstances of any parish included in a union, may alter the number of guardians to be elected for such parish. 7 & 8 Vict. c. 101, s. 18. But no assistant-overseer of any parish, no paid officer engaged in the administration of the laws for the relief of the poor, and no person, who, having been such paid officer, shall have been dismissed from his office within five years previously, shall be capable of serving as a guardian; and no person receiving any emolument from the poor-rates in any parish or union, shall be capable of serving as a guardian in any such parish or union. 5 & 6 Vict. c. 57, s. 14.

How elected.] The guardians in each parish, &c. of the union, are elected by the rate-payers (4 & 5 W. 4, c. 76, s. 38), who shall have been rated to the poor-rate the whole of the year preceding, and shall have paid their poor-rates (7 & 8 Vict. c. 101, s. 16) for one whole year, and all due up to the time of voting, except those due within the six months immediately preceding (4 & 5 W. 4, c. 76, s. 40); and by the owners of property in the parish (Id. s. 38), who shall, previously to the day of voting, give a statement in writing of their names and addresses, and the description of their property, to the overseers before the 1st February preceding (Id. s. 40; 7 & 8 Vict. c. 101, s. 15);—also corporations, and joint-stock and other companies may vote, by one of their officers appointed by them for the purpose, notice thereof being previously given to the overseers, in the same manner as by owners of property. 4 & 5 W. 4, c. 76, s. 40. And they may re-elect those who have been guardians for the preceding year; or they may elect as guardian any person who may already have been chosen as guardian for any other parish. Id. s. 38. Each owner and each rate-payer under 501. shall have one vote; 501. and under 1007. two votes; 1007. and less than 150l. three votes; 150l. and less than 2001. four votes; 2007. and less than 2507. five votes; and if it amount to or exceed 250l. six votes (7 & 8 Vict. c. 101, s. 14); and when the owner is also occupier, he may vote as well in respect of his occupation, as of his being such owner; owners also may vote by proxy. 4 & 5 W. 4, c. 76, s. 40; and see 7 & 8 Vict. c. 101, s. 15. Occupiers of small tenements, in respect of which the owners are rated to the poor-rate instead of the occupiers, are not entitled to vote in respect of their occupation; neither are the owners, though rated, entitled to vote as occupiers.

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The votes shall be in

& 14 Vict. c. 99; 14 & 15 Vict. c. 39. writing, and be collected and returned in such manner as the commissioners shall direct. 4 & 5 W. 4, c. 76, s. 40. See R. v. Oldham Union, 16 Law J. 110, m. Any person put in nomination, however, may tender to the officer conducting the election his refusal in writing to serve the office; after which, the election, as regards him, shall be no further proceeded with. 5 & 6 Vict. c. 57, s. 9.

The election shall take place on the 25th day of March, or within [forty, 7 & 8 Vict. c. 101, s. 17,] days after, and the guardians elected for the several parishes, or for the several wards in any parish divided into wards [under 7 & 8 Vict. c. 101, ss. 19-21), shall continue to act as such until the 15th April inclusive in every year, notwithstanding their successors may have been elected previously to that day; and from and after the 15th April, every guardian newly elected for any such parish or ward shall act as such guardian for the ensuing year (14 & 15 Vict. c. 105, s. 2); and in the event of a vacancy occurring by death, removal or resignation, or by refusal or disqualification to act, of any elected guardian,—or if the full number of guardians be not elected, -the remaining members of the board shall continue to act until the next election, or until the board shall be completed. 4 & 5 W. 4, c. 76, s. 38; 5 & 6 Vict. c. 57, s. 12; and see R. v. Todmorden and Walsden, 1 Q. B. Rep. 185. And when no person shall be elected as guardian in a parish at the annual election, the person elected for the previous year may, if he think fit, continue to act until the next annual election (Id. s. 10); but he cannot do so unless there be an entire failure to elect in the parish. If there be two or more guardians to be elected, and one only is returned, the old guardians go out of office, and cannot serve without a new election. The persons elected must act; they can only refuse the office at the time of the election, as already mentioned, and before they are actually elected, supra; and if they allow that opportunity to pass, they must serve. The Poor Law Board, however, may accept the resignation of any person elected as guardian, tendered for any cause they may deem reasonable; and in every case of omission to elect, or of vacancy by death, resignation or disqualification, the commissioners may order a new election for the completion of the board. 5 & 6 Vict. c. 57, s. 11.

For the purpose of conducting the election, the commissioners, by their general order of the 24th July, 1847, ordered as follows:

Article 1. The overseers of every parish in the union shall, before the twenty-sixth day of March in every year, distinguish in the rate-book the name of every rate-payer in their parish who has been rated to the relief of the poor for the whole year

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