C. D. forfeited for the said offence a penalty of not less than 40s. nor more than 10. in the discretion of me the said justice; and therefore the said A. B. prays judgment of me the said justice, and that the said C. D. may be summoned to answer the premises, and to make defence thereto before me the said justice &c.

Conviction for taking more than legal Interest.

-

to wit. Be it remembered, That on the →→→ - day of in the year of our Lord 1817, A. B. of &c. pawnbroker, is convicted before me, J. C. Esq. one of His Majesty's justices of the peace for the said county of, for that on the - day of ——, in the year of our Lord 1817, at the parish of in the said county of , he the said A. B. who then and there used and exercised the trade and business of a pawnbroker, did unlawfully demand, receive and take of and from one C. D. on redeeming the pawn and pledge hereinafter mentioned, the sum of of lawful money of Great Britain, as for and by way of profit upon the sum of of like lawful money, the said sum ofbeing a sum not exceeding the sum of theretofore, to wit on the day of, in the year of our Lord [the day of the pledge], at and in the parish aforesaid in the county aforesaid, lent and advanced by the said A. B. upon a certain pawn and pledge; that is to say [describe the articles], to the said C. D. which said pawn and pledge was redeemed by the said C. D. within the space of days after the expiration of the first calendar month after the same had been so pawned and pledged as aforesaid; that is to say on the said day of, in the year aforesaid, to wit at and in the parish aforesaid in the county aforesaid, the said sum of so demanded, received and taken as aforesaid, being more than at and after the rate of for the loan of any sum not exceeding, by the calendar month, and being greater profit than he the said A. B. was then and there entitled and ought to demand, receive and take, contrary to the form of the statute in such case made and provided; and I the said justice do adjudge him to pay and forfeit for the same the sum of £- of lawful money &c. And I do award, that out of the said sum of £ so forfeited as aforesaid the sum of , being one moiety of the said sum of £, be paid

to -the party complaining in this behalf, and that the sum -, being the remaining moiety of the said sum of --so forfeited as aforesaid, be paid and applied as the law directs.

Given under my hand and seal, &c.'

Conviction for taking a Pledge without giving à Duplicate, where the Goods are pawned in an assumed Name.

to wit. Be it remembered, That on this day of in the year of our Lord 1817, [within 12 calendar months

from the time of the offence,] A. B. of pawnbroker, is convicted before me S. P. Esq. one of the justices of the peace for the said county of for that on the -day of in the parish aforesaid in the county aforesaid, the said A. B. who then and there used and carried on the trade and business of a pawnbroker, did then and there take of and from one G: H. in the name of J. K. by way of pledge, certain goods and chat tels, to wit [describe the articles], upon which the said A. B. lent and advanced the sum of £, and whieh said G. H, at the time he pawned the said goods and chattels informed the said A. B. that his name was J. K. and that he lived in and he the said A. B. did not at the time of taking the said pledge give to the said G. H. a note or memorandum fairly and legibly written or printed, or in part written and in part printed, containing therein a description of the said goods so pawned and also the place of abode of the person by whom such goods were pawned, according to the information given by the said G. H. to the said A. B. at the time of such pawning as aforesaid, contrary to the form of the statute in such case made and provided; and I the said justice do adjudge the said A. B. to pay and forfeit for the same the sum of £- &c. [as in last precedent.]

(PEDLARS. See "Hawkers and Pedlars.")

PEACE (Breach of.)

Offences against the public peace are either such as are an actual breach of the peace, or by construction in aiding others in the breach thereof; an affray, an assault, a riot, are breaches of the peace; one or more justices may take sureties for the peace, and any person who has reasonable ground to fear receiving corporal injury from another, may demand such surety.

Form of exhibiting Articles of the Peace.

in

to wit. C. D. wife of E. D. of the parish of the county of, gent. prays surety of the peace against the said E. D. her said husband, for fear of death or bodily injury. 1 First. This informant on her oath saith that she intermarried with her said husband about years ago, since which time he hath often in a cruel, barbarous and inhuman manner beat, abused and ill-treated this informant, and frequently threatened to take away her life. Secondly. This informant saith, that on the

day of last past, her said husband, in a violent passion, [state the particular acts of cruelty.]

Lastly. This informant saith that she is actually afraid her said husband will do her some further bodily injury, if not murder her, should she return home to him; and saith that she doth not make this complaint against her said husband out of any hatred, malice or ill-will which she hath or beareth towards him, but purely for the preservation of her life and person from further danger. Articles of the peace require the signature of counsel.

See Affray, Assault, Riot, Sedition, Surety for the

Peace.

POOR (Overseers.)

By statute 43 Eliz. c. 2, s. 1, the churchwardens of every parish, and four, three or two substantial householders there as shall be thought meet, having respect to the greatness of the parish, to be nominated yearly in Easter week, or within one month after, under the hand and seal of two or more justices of the peace in the same county, (one to be of the quorum) dwelling in or near the same parish, shall be overseers of the same; but by 54 Geo. III. c. 91, the appointment of overseers to be made on the 25th day of March, or within fourteen days after in every year.

By 17 Geo. II. c. 38, overseers may act as churchwardens in places where there are none, and if overseer die, remove or become insolvent before the expiration of his office, two justices (on oath made) may appoint another. s. 3.

If justices neglect to make the appointment within the time prescribed, they shall forfeit £5. to the poor, to be levied by the churchwardens and overseers or one of them, by distress, by warrant from the sessions. 43 Eliz. c. 2, s. 10. but a sub sequent appointment is good. 1 Bott. 25, pl. 44.

Churchwardens are overseers, and may act as such without any formal appointment.

Not more than four overseers nor less than two

can be appointed for one parish, unless it is divided into two or more divisions or townships. 1 Burr. 446. 4 T. R. 550. and there must be two overseers exclusive of the churchwardens. 13 East, 142. The appointment must describe the overseers as substantial householders resident in the parish, 2 Str. 1261. but substantial being a relative term, a labourer may be appointed if there are no other fit persons to serve the office. 2 T. R. 395. and a woman may be appointed an overseer, if there be not a sufficient number of men qualified. 2 T. R. 395.

Barristers, attornies, clergymen, though they have no cure of souls, officers of the customs, and all revenue officers, are exempt from serving the office of overseer; and by a dictum of Lord Kenyon (though the case has not been decided) justices of the peace are ineligible on the principle that the two offices are incompatible, the accounts of overseers being subject to the control of the justices. 2 T. R. 779.-Other persons are exempt by statute; as physicians, being fellows of the college; freemen of the surgeon's company, while they practise; apothecaries in London or within seven miles, if free of the apothecaries' company; persons who have prosecuted to conviction burglars, &c, militia-men, and licensed dissenting ministers.

The appointment of overseers is discretionary in the justices; but to enable them to make a proper choice, it is customary for the overseers, before the end of the year, to make a list of persons proper to