said charges within three days after demand thereof, and shall not within the same time give notice of appeal, as is hereinafter mentioned, it shall be lawful for one justice, by warrant under his hand and seal, to cause the money mentioned in such order to be levied by distress and sale of the goods and chattels of the person or persons so refusing or neglecting payment of the same, and also such costs attending the same, not exceeding forty shillings, as such justice shall direct; and if the parish, township, or place, to which the removal is made, or was ordered to be made, before the death of such person as aforesaid, be without the jurisdiction of the justice issuing the warrant, then such warrant shall be transmitted to any justice having jurisdiction within such parish, township, or place, who upon receipt thereof is to indorse the same for execution.

Where the Sum exceeds 201. an Appeal to Sessions, where it may be diminished.]—" But (x) if the sum so ordered to be paid, on account of such costs, exceeds the sum of 201. the party aggrieved may appeal to the next general or quarter session, as they may do against an order of removal; and if the session be of opinion that the sum so awarded be more than of right ought to have been directed to be paid, such court may strike out the sum contained in the said order, and insert the sum which, in their judgment, ought to be paid; and in every such case the said court shall direct that the said order so amended shall be carried into execution by the justices, by whom it was originally made, or, in case of the death of either of them, by such other justices as the court shall direct."

Construction of Stat. 35 G. III. c. 101, for Suspending Orders of Removal in Case of Sickness.]-Upon the words of this statute the following constructions have been put by the court of queen's bench.

1st. That "in case any poor person shall be brought before any justice," means judicially brought, not personally, for he or she may be so ill, as to render that dangerous, or impossible (y).

2ndly. That the indorsement for execution on the warrant of distress, directed to be made by the justice to whom such warrant shall be transmitted, is a mere ministerial act, and the direction compulsory upon him (z).

(x) 35 G. III. c. 101, s. 2 (continued).

(y) R. v. Everdon, 9 East, 101. (z) R. v. Kynaston, 1 East, 117.

3rdly. That the clause respecting the appeal against the charges is to be thus understood; if the party aggrieved, and intending to appeal against the charges, gives notice of such appeal within the three days after demand, he is relieved from the inconvenience of a distress; but if he do not give the notice within the three days, he does not thereby lose his right of appeal, which is given to him on the same terms as an appeal against an order of removal (a).

4thly. That, by stat. 3 W. & M. c. 11, s. 9, which gives the appeal against removals to the party aggrieved, there could be no grievance to the parish to which the order of removal was made, till it was actually executed; yet, as 35 G. III. c. 101, enables the justices to give the costs of such suspension, though the pauper die before the order be executed, a grievance arises in consequence of such costs, so directed to be levied on the said parish, if the pauper was not settled there, though such grievance has grown out of a subsequent statute on the same subject matter, and the right of appeal attaches against the suspended order of removal, and the subsequent order for costs, notwithstanding the death of the pauper before he was actually removed, and though the costs were under 201.; for such right of appeal arises upon the determination of the justices respecting the settlement of the pauper (b).

Where any Order of Removal, &c. shall be suspended, any Justice for the Place may Order the same to be executed, &c.]—By stat. 49 G. III. c. 129, reciting (and incorrectly) the 1st and 2nd sections of stat. 35 G. III. c. 101, it is enacted, "That in all cases wherever the execution of any order of removal [or of any vagrant pass] (c) shall be hereafter suspended, by virtue of the said recited act, it shall be lawful for any other justice or justices of the peace of the county or other jurisdiction, within which such removal or pass shall be made, to direct and order that the same shall be executed; and to direct the charges, to be incurred as aforesaid, to be paid, and to carry into execution any such amended orders as aforesaid, as fully and effectually to all intents and purposes as the said respective powers and authorities can or may be executed by the said justices who shall make any such order of removal [or by the justice who shall grant any such pass] (c), as aforesaid."

51.

(a) R. v. Bradford, 9 East, 97.
(b) R. v. St. Mary-la-Bonne, 13 East,

(c) Now abolished with few excep

tions; see tit. Vagrant, ante.

Computation of Time for Appealing against Order for Costs of Maintenance, or Suspended Order of Removal.]-When the execution of any such order of removal shall be suspended, the time of appealing against such order shall be computed according to the rules which govern other like cases, from the time of serving such order, and not from the time of making such removal under and by virtue of the same (d).

To prevent Separating Husband and Wife, &c.—Order of Removal Suspended in case of Sickness, may be extended to other Persons of the same Family.]—And " in order to avoid any pretence for forcibly separating husband and wife, or other persons nearly connected with, or related to, each other, and who were living together as one family at the time of any order of removal made, or vagrant pass granted, during the dangerous sickness or other infirmity of any one or more of such family, on whose account the execution of such order of removal, or vagrant pass, was suspended;" it is enacted, "That where any order of removal, or vagrant pass, shall be suspended, by virtue of this, or of the said recited act, on account of the dangerous sickness or other infirmity of any person or persons thereby directed to be removed or passed, the execution of such order of removal, or vagrant pass, shall also be suspended for the same period with respect to every other person named therein, who was actually of the same household or family of such sick or infirm person or persons, at the time of such order of removal made, or pass granted" (e).

This principle of not separating the wife from the husband, was adhered to in a case where he was in prison for debt, in the parish where he had resided with his wife. By the prison rules, his wife might have occasional access to him. She became chargeable there. The court refused to remove her to her husband's settlement during his imprisonment (f).

Justice to take Examination of Aged or Sick Pauper, and Report his Settlement, when.]-" And whenever it shall happen that any pauper is, by age, illness, or infirmity, unable to be brought up to a petty session to be examined as to his or her settlement, it shall be lawful for any one magistrate acting for the district where such pauper shall be, to take the examination of such pauper, and report the same

(d) 49 G. III. c. 124, s. 2. (e) Id. s. 3.

(f) Reg. v. Stogumber (Inh.), 9 Ad.

& E. 622; 1 Per. & Da. 409.

to any other magistrates acting for the said district, and for the said magistrates, upon such report, to adjudge the settlement of the said pauper, and make, and suspend, the order of removal as fully and effectually, to all intents and purposes, as if the said pauper had appeared before the magistrates " (g).

6. Of Costs of Appeal against Accounts of Parish Officers, and against Disallowance of Items in their Accounts.]—It has been observed before, that stat. 43 Eliz. c. 2 gives an appeal, indefinite in point of time, to the quarter sessions against overseers' accounts; and that 17 G. II. c. 38 gives a similar appeal, but confines it to the next session, and accompanies it with an authority to order costs to either party. So where items in accounts of parish officers are reduced or disallowed by special sessions, and they appeal to the quarter sessions against such reductions, &c. the quarter sessions may, "if they think fit, make an order that such churchwardens and overseers shall have the costs incurred by them defrayed out of the poor-rates of the parish or place" (h).

Costs under Vagrant Act.-Prosecutions for Third Breach of Public House Licenses.-Of Justices whose Acts are reversed on Appeal.]— The quarter sessions have, under the vagrant act, express power to grant costs to parties bound over by a justice to support a conviction against a party convicted as an incorrigible rogue, on the trial of an appeal against such conviction (i). And under the alehouse licensing act, 9 G. IV. c. 61, where peace officers are bound to prosecute at sessions parties charged with a third breach of the terms of their licenses, their expenses are (by sect. 22) to be paid out of the county rates. And by sect. 29, the expenses of justices, whose acts are appealed against and reversed, may, if the court see fit, be paid from the same source.

An attorney's bill for business done at quarter sessions is taxable by the officers of the queen's bench (j).

See ante,

(g) 49 G. III. c. 124, s. 4. (h) 50 G. III. c. 49, s. 2. Appeal against Overseers' Accounts.

(i) 5 G. IV. c. 83, s. 9.

(j) Ex parte Williams, 4 T. R. 496. See id. 124; 9 Bing. 388; Barnes, 122.

SECTION V.

OF OUTLAWRY.

What it is.]-Outlawry is a punishment inflicted on a person for contempt and contumacy, in refusing to be amenable to the justice of that court which hath lawful authority to call him before them; and as this is a crime of the highest nature, being an act of rebellion against that state or community of which he is a member, so does it subject the party to divers forfeitures and disabilities. This process lies in every offence more heinous than a forcible trespass, and, as it appears, in a prosecution for any crime whatever (k).

Of different Descriptions.]-But the law distinguishes between outlawries in capital cases, and those of an inferior nature; for an outlawry in treason and felony is of itself an attainder, and subjects the party to such an award thereupon, to be made by the court where he is brought, as is provided for the offence for which he is indicted and outlawed; for the law interprets the party's absence a sufficient evidence of his guilt, and without requiring further proof or satisfaction, accounts him guilty of the fact; on which ensues corruption of blood, with an absolute forfeiture of his whole estate real and personal; and many men who never were tried have been executed upon the outlawry (7).

Execution.]-And if a man be indicted before justices of the peace, and thereupon outlawed, and be taken, and committed to prison, the justices of gaol delivery may award execution of this prisoner, for they are commissioned to deliver the gaol (m).

Names to be Certified.]-And by stat. 34 H. VIII. c. 14, the clerks of the crown, clerks of assize, and clerks of the peace, are to certify into the king's bench the names of all persons outlawed, attainted, or convicted; and upon letters from the justices aforesaid, certificates shall be made of such persons to the justices of gaol delivery.

Effects of it.]-Though an outlawry be an attainder, and equal to a conviction, or sentence by verdict or confession, it does not subject the party to any severer punishment than the crime does for which the

(k) 2 Hawk. c. 27, s. 113; 4 Burr. 2537; 1 Chit. Crim. Law, 347, 1st ed.

(1) Co. Lit. 128; 4 Burr. R. 2549. (m) 2 Hale, 35.