rant being indorsed, as in the case of other warrants. 32 G. 3. c. 10. s. 7.

Justices may summon witnesses, and in case of neglect or refusal to appear, fine them in 10l. 7 & 8 W. c. 30. s. 24.

Exciseable goods being concealed, one justice, on oath of an officer, may issue his warrant to search by day or night, in the presence of a peace-officer, and to seize such goods. Obstructing, P. 100l. 42 G. 3. c. 97. s. 17.

General penalty for obstructing excise officers, 10l. 6 G. 1.

c. 21. s. 7.

Peace-officer refusing to assist, 201. 11 G. 1. c. 30. s.

31.39.

*

All forfeitures and offences against the excise laws, out of the bills of mortality, determinable by two justices near where the offence was committed; and in case of neglect of such justice for fourteen days after the complaint, and notice given to the offender, the sub-commissioners shall hear and determine; and the party aggrieved by such sub-commissioners, may appeal† to the sessions, whose judgment shall be final. 12 C. 2. c. 24. s. 45. 46.

Justices, on information, to summon the person accused, and on his appearance, or contempt, to proceed to examine the fact; and on proof, W. 1. levy the penalty by distress and sale, if not redeemed within fourteen days; and in default, imprisonment till satisfaction is made. Ibid.

Justices may mitigate any penalty not to less than double the value of the duty of excise, beside reasonable costs. A. three fourths to the king, and one fourth to the informer. Ibid.

* This does not here, nor in any other act where it occurs, limit the jurisdiction to the nearest justice, but is to prevent the complainant from wantonly dragging a person from one end of a county to the other.

†There is no appeal given from the judgment of the justices.

*

Persons duly summoned to give evidence, neglecting or refusing to give evidence, P. 10l. 7 W. c. 30. s. 24.

EXPENCES.

In cases of allowance of expences of prosecution, the amount of the expences of attending before the examining magistrate or magistrates, and the compensation for trouble and loss of time therein, shall be ascertained by the certificate of such magistrate or magistrates, granted before the trial or attendance in court, if such magistrate, &c. shall think fit to grant the same. 7 G. 4. c. 64. s. 22.

FEES.

JUSTICES at the Midsummer sessions shall settle a table of fees, which being approved at the next sessions, with such alterations as the justices shall think proper, shall be laid before the judges at the next assizes; who shall make such alterations as they shall think reasonable; which may be altered from time to time in the same manner by the same authority and no table of fees shall be valid till confirmed by the judges. 26 G. 2. c. 14. s. 1.

:

And if three months after such table has been so confirmed, a justice's clerk shall take any other fee, P. 201. Ibid. s. 2. 4.

Justices of the peace are bound by their oath of office to

* Leaving the summons at the house, or usual place of residence or with a wife, child, or menial servant, deemed sufficient. 32 G. 2. c. 17. s. 1.

Or leaving at the house, warehouse, shop, &c. of the party, directed to him, either by his real or assumed name. Ibid. s. 2.

take nothing for their office of justice of the peace to be done, but of the king, and fees accustomed, and costs limited by

statute.

FELONY.-See HOMICIDE, LARCENY.

FENCE.

STEALING or cutting, breaking or throwing down with intent to steal, any part of any live or dead fence, or any wooden post, pale or rail, set up or used as a fence, or any stile or gate, or any part thereof, first offence, over and above value of article stolen or amount of injury done, sum not exceeding 51.; subsequent offence commitment not exceeding twelve calendar months, and if a male whipping in addition, if two justices order. 7 & 8 G. 4. c. 29. s. 40.

Persons found in possession, by virtue of search warrant, of any live or dead fence, &c. of value of 2s. at least, if not satisfactorily accounted for, P. not exceeding 21. over and above value, &c. Ibid. s. 41.

Maliciously cutting, breaking down, or destroying any fence, or any wall, stile or gate, first offence, over and above amount of injury, P. not exceeding 57.; subsequent offence, commitment not exceeding twelve calendar months, and whipping in addition, if ordered by two justices. 7&8 G. 4.

c. 30. s. 23.

FINES.

JUSTICES are to return a statement of all fines, &c. imposed by them (except such as are directed by the act to be otherwise disposed of) to the clerk of the peace, on or before the ensuing general or quarter sessions. 3 G. 4. c. 46. s. 2.

FIRE-ARMS.

No barrel to be used in manufacturing any gun, &c. unless duly proved at an established proof-house. 53 G. 3. c. 115. s. 1.

Persons using or selling barrels not duly proved, P. not exceeding 201. R. by distress, or imprisonment not exceeding six months, unless parties enter into recognizance to appeal. A. half to informer, half to poor. Ap. sessions. Ibid. s. 2.

Penalty for using in any of the progressive stages of manufacture of fire-arms barrels not duly proved, not exceeding 201. for each barrel. 2 J. 1 W. A. half to informer, half to poor. R. distress, or commitment not exceeding six calendar months. Appeal. 55 G. 3. c. 59. s. 1. 10.

Barrels of fire-arms to be sent direct from manufacturers to proof-houses. P. on delivering except through a proofhouse, not exceeding 201.; to be recovered, &c. as above. Ibid. s. 2.

Persons receiving barrels of fire-arms, for the purpose of making guns, &c. which shall not have been proved, P. not exceeding 201.; to be recovered, &c. as above. Ibid. s. 3. Persons having the charge of proof-houses, not receiving, proving, and marking barrels sent, or delivering such barrels without being proved and marked, P. 10s. for each barrel el; to be recovered, &c. as above. Ibid. s. 4.

Penalty for forging proof-marks, or selling, &c. barrels with forged marks, or putting proof-marks on barrels not proved, not exceeding 201.; to be recovered, &c. as above. Ibid. s. 6. Prosecutions to be commenced within six months. Ib. s. 11.

FIREWORKS.

MAKING, selling, or offering to sale, any fireworks, or implements for making them, P. 57. R. distress. J. 1. W. 2.

A. half to the informer, half to the poor. 9 & 10 W. c. 7.

s. 2.

Permitting the same to be thrown from any house, &c. into any street, road, or other house, P. 20s. as above. Ibid.

Or if any person shall cast or fire, or be aiding in casting or firing any of the same into any public street, highway, river, house, or shop, P. 20s. R, as above. And in default of distress, commitment to hard labour for one month, or till paid. Ibid. s. 3.

Making, or assisting in making bonfires, or wantonly letting off any squib, or other firework, within eighty feet of the centre of any turnpike road, P. 40s. 3 G. 4. c. 126. s. 121.

FISH AND FISHERIES.

TAKING or destroying fish in water which shall run through or be in any land adjoining or belonging to dwelling-house of person being owner of such water, or having a right of fishery therein, misdemeanor. 7 & 8 G. 4. c. 29. s. 34.

Taking or destroying fish in any private fishery elsewhere, P. over and above value of fish taken or destroyed, not exceeding 5l. 1 J. Id. ibid.

The above provisions not to extend to persons angling in day-time, but if party by angling in day-time, take or destroy, or attempt to take and destroy any fish, in water first mentioned, P. not exceeding 5l. Id. ibid.

The rods, lines, hooks, nets, &c. of fishers may be seized; provided that party angling in day-time, shall be exempt from penalty on seizure of tackle. Id. s. 35.

Breaking down or destroying the dam of any fish-pond, or of any water which shall be private property, or in which there shall be any private right of fishery, with intent to take or destroy any fish, or shall put any lime or other noxious material in any such pond or water; misdemeanor; trans