« 이전계속 »
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.
to wit. C. D. wife of E. D. of the parish of - in the county of gent. prays surety of the peace against the said E. D. her said husband, for fear of death or bodily injury. ** First. This informant on her path 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 in
formant, 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,
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 Elic. c. 2, s. 10. but a subsequent 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 church wardens. 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 bave 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
serve the office, and the jnstices usually issue a precept, requiring it to be done; and the Court of King's Bench will grant a mandamus to compel justices to make an appointment.
If two appointments are made on the same day, that which is prior in time is good, and the other a nullity. I Bott, 21 pl. 37. but an appointment made and not carried into effect by a delivery of such appointment to the parties, will not supersede an appointment 'regularly inade by other magistrates subsequently, and delivered to the overseers appointed. Rex v. the Inhabitants of Twickenham. Trin. Tern, 48 Geo. III. M. S.
The justices' appointinent must be under hand and seal, and should pursue the words of the statute appointing the persons overseers," and by no other term; it must also state them to be substantial householders in the parish, and that the appointment is for the 'parish, &c. that it is made in the division or place in which the magistrates bave jurisdiction, and the time for which they are appointed must be inserted. 4 T. R.778.--It must be signed and sealed by the justices in each other's presence, it being a judicial act. When an appointment is once properly made, no other justices can alter it. 2 E. R. 244. nor can the justices who made it ; and the only remedy is to procure the discharging of the party by appeal to the sessions. Ibid. and parishioners as well as the persons appointed may appeal against the appointment.
3 T. R.38. The appeal must by 17 Geo. II. c. 38, S. 4, be to the next general or quarter sessions, but the order of sessions
may be removed by certiorari to the King's Bench, and that court will grant the writ to remove the order in the first instance without an appeal to the sessions. 2 E. 247.
An overseer refusing to take upon himself the office may be indicted, but he must have due notice of his appointment. 2 E. 249. 7 Mod. 410. and if an overseer act fraudulently, or do not provide for the poor, or do it unnecessarily or improperly, he may be indicted.
The duty of overseers as set forth in 43 Elis. c.2, is with the consent of two justices to set to work the children of parents incapable of maintaining them, and of persons married or unmarried having no means to maintain themselves, and incapacitated by sickness or other just excuse to be allowed by two justices; and such overseers to meet once a month at least in the church on Sunday in the afternoon, after diyine service, to consider of the course to be taken herein, under a penalty for each default, or being negligent in their office, of 20s. to the poor, (unless reasonable cause shewn); the penalty to be levied by some or one of the churchwardens or oyerseers by distress warrant of two justices; and if no distress, such justices may commit the offender to the common gaol till the penalty is paid, but appeal allowed to the general quarter sessions. s. 1, 2, 6, 11. but the penalty for not meeting in the church is not