tures of the Old and New Testament, as commonly received among Protestant churches, do contain the revealed will of God, and that I do receive the same as the rule of my doctrine and practice." He may preach in any other county at a meeting duly registered, on producing, (if required), a certificate of his qualification. 10 Ann, c. 2, s. 9. and he is exempted from the offices of churchwarden, overseer, or any other parochial office, and from serving in the militia, either personally or by substitute. 1 Wm. and Mary, c. 18, s. 11.-19 Geo. III. c. 44.42 Geo. III. c. 90, s. 43. Any person disturbing a meeting-house, duly licensed, or misusing the preacher, shall find sureties in £50. to answer the šame at the sessions, in default may be committed, and on conviction of the offender at the sessions, he shall forfeit £20. to the King. 1 Wm. and Mary, c. 18, s. 18.

By 52 Geo. III. c. 155, the acts of 13 and 14 Car. II. c. 1. 17 Car. II. c. 2. and 22 Car. II. c. 1. are repealed, and the following regulations substituted. All places for religious worship shall be certified and registered, and any person knowingly permitting such assembly to meet in any place not registered, to forfeit not exceeding £20. nor less than 20s. s. 2. Any person preaching in a place, without the owner's consent, to forfeit not inore than £30, nor less than 40s. s. 3. Preachers, and persons resorting to religious assemblies so certified and registered, exempt from penalties, in

1 Wm. and Mary, and preachers on taking the oaths in 19 Geo. III. c. 44, from civil offices and the militia. s. 9.

Penalty on providing a false certificate of having taken the oath, £50.

Persons disturbing religious congregations, shall enter into recognizance with two sureties in £50. to answer complaint at the sessions; in default thereof to be committed till the sessions, and if convicted, to forfeit £50. s. 12.

Offenders to be convicted before two justices, and pecuniary penalties to be levied by distress; in default thereof, the party to be committed to prison for any time not exceeding three months. s. 15. but appeal allowed to the next quarter sessions. s. 16. Penalties to be sued for in six months. s. 17.

By 53 Geo. III. c. 160, so much of the act 1 W. and M. as provides that that act should not extend to give any ease, benefit, or advantage to persons denying the Trinity, is repealed. s. 1.

The provisions of another act 9 and 10 W. intituled "An Act for the more effectually suppressing Blasphemy and Profaneness so far as relates to Persons denying the Trinity," is also repealed. s. 2.

DISTRESS.

A distress is the taking or distraining a personal chattel, to procure satisfaction for a wrong committed. The most usual distress is for rent in arrear; but the penalties and duties imposed by acts

of parliament are generally recoverable by distress and sale of the offender's goods.

To justify taking a distress, the party must have a regular warrant for so doing, and must take care that the things taken are distrainable, and that the distress is made in due time and place. Co. Lit. 47. All distresses must be made in the day time, unless in the case of cattle distrained, damage feasant. 1 Inst. 142. and they must be damage feasant at the time of making the distress; for if they were damage feasant yesterday, and again to-day, they can only be distrained for the damage they are then doing. Bull. Ni. Pri. 61.

Persons making a lawful distress may sell the same upon the premises in like manner as may be done off the same. 2 Wm. and Mary, Sess. 1, c. 5.

By 27 Geo. II. c. 20, Justices of the peace, in all cases where they are empowered to levy penalties by act of parliament, are in their warrants of distress to limit a time (not less than four nor more than eight days) for sale of the goods; the constable making such distress, may deduct the reasonable charges of taking, keeping, and selling such distress, out of the money arising by the sale; the overplus, if any, after such charges, and also the penalty or sum of money shall be fully paid, shall be returned to the owner of the goods distrained; and the constable, if required, shall shew his warrant to the party whose goods are distrained, and suffer a copy thereof to be taken. If distress

cannot be found in the jurisdiction of the justice granting the warrant, it may be levied in another place. 33 Geo. III. c. 55, s. 3.

A distress ought to be made of such things whereof the sheriff may make replevin. Co. Lit. 47. but when an act of parliament orders a distress and sale of goods, it is in the nature of an execution, and replevin will not lie. Bac. Abr. title " Replevin."

If in seizing for the whole sum due, the first distress is found insufficient, from mistaking the value of goods seized, which may be uncertain or imaginary, (such as pictures, race-horses, &c.) a second distress may be made. Burr. 589.

For the landlord's remedy against his tenant for fraudulently removing his goods to prevent distress, and for recovering possession of deserted premises, under 11 Geo. II. c. 19, see title "Landlord and Tenant."

Distress Warrant where part of the Penalty goes to the Informer and part to the Poor.

for the county of

and to all other Constables in and

Whereas A. B. of

in the county of

To the Constable of

day of

in the

[labourer,] is duly convicted before me S. P. Esq. one of His Majesty's justices assigned to keep the peace, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, for that he the said A. B. on the year of the reign of our Sovereign Lord George the Third, did [describe the offence as in the statute], contrary to the form of the statute in such case made and provided, whereby he hath forfeited the sum of of lawful money of Great Britain; These are therefore to command you forthwith to levy the said sum of

by distraining the goods and chattels of him the said A. B. and if within the space of days [not less than four nor more than eight days, by 27 Geo. II. unless otherwise directed by particular statute] next after such distress by you taken, the said sum shall not be paid, together with the reasonable costs and charges of taking and keeping the same, that then 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 the sum of £ part of the said sum of £——, to C. D. of —, yeoman, who informed me of the said offence; and the sum of £the remainder of the said sum of so forfeited that do you pay to the churchwardens and overseers of the parish of within which the said offence was committed, for the use of the poor of the said parish, returning to him the said A. B. the overplus, on demand, the reasonable charges of taking, keeping, and selling the said distress being first deducted. And you are to certify to me, with the return of this precept, what you shall have done in the execution thereof. Herein fail not. in the said county,

the

Given under my hand and seal at

day of

1817.

The like where part of the Penalty goes to the King.

As in the last precedent till the words "arising by such sale," after which say,-that you do pay the sum of £being one moiety [if the act so directs] of the said sum of £- so forfeited to me the said justice, [or to S. P. Esq. one of His said Majesty's justices of the peace for the said county] for the use of His said Majesty, his heirs and successors; and -, being the other moiety, [or the remainder] of the said sum of £- so forfeited as aforesaid, that you pay to [as the act directs,-if in seve

ral shares or proportions specify each].

Warrant of Distress for Penalty and Costs on a preceding Conviction, where the Penalty had been mitigated and Costs allowed above the Mitigation.