the Holy Gospel of God, to him, then and there, by us the jus ties aforesaid administered, deposeth and swear th, that [here state the pauper's examination, and other evidence as to the settlement]: Whereupon, and on due consideration had of the premises, we the justices aforesaid, on the said of in the year aforesaid, at day aforesaid, in the county aforesaid, do adjudge that the complaint of the said OO, the overseer of the parish of · aforesaid, is true; and we do likewise adjudge, that the lawful settlement of him the said PP is in the said parish of and we do therefore on the day and year last aforesaid, at aforesaid, in the county aforesaid, make our warrant under our hands and seals in the form and words following; that is to say, [here set forth the order of removal verbatim.] day of And afterwards, on the in the year aforesaid, at — aforesaid, in the county aforesaid, the said O O, overseer of the poor of the parish of aforesaid, cometh before us the justices aforesaid; and upon his oath on the Holy Gospel of God, to him by us the said justices administered, deposeth and sweareth, that on the to the day of aforesaid, he the said O O did remove and convey the said P P from and out of the said parish of said parish of ——, and him the said PP, together with a true copy of our warrant aforesaid, did deliver to O P, overseer of the poor of the parish of - — aforesaid, at the parish aforesaid, in the county aforesaid. In witness whereof we the said justices at aforesaid, in the county aforesaid, do to this present record set our hands and seals the in the year aforesaid. day of F. J. S. J. (VII) Notice of appeal from an order of removal. To the churchwardens and overseers of the poor of the parish in the county of of — in the county of · do in. TAKE NOTICE, That we the churchwardens and overseers of the poor of the parish of tend, at the next quarter sessions of the peace to be holden in and for the said county of to commence and prosecute an appeal against an order of F J, and SJ, esqrs. two of his majesty's justices of the peace of the said county of→→→ for and concerning the removal of — to our said parish day of SHEEP. BY 25 Henry 8. c. 13, for the preventing many farms being None to keep accumulated into few hands, and for the encouragement of til. more than 2000 sheep. lage, it is enacted that no person shall keep or have above the number of two thousand sheep at one time, at six score to the hundred, except it be upon his own inheritance only, and ex. cept what are necessary for his household, ou pain of forfeiting 35. 4d. for every sheep above that number, half to the king and half to him that will sue within one year. s. 1. 6, 7, 8, 9. 12. But lambs under the age of one year, and as much as shall be from the falling of them unto midsummer, are not to be reckoned sheep. s. 2. 13. And if any person shall happen to have more by reason of being an executor or administrator, he shall sell off within a year, till he have but two thousand. s. 3. But sheep bequeathed to a child within age shall not be reckoned in the number. s. 4. And the justices of peace shall have power to enquire of the offenders, as well by the oaths of twelve men, as by information, and to make such process upon every presentment or information concerning this act, as upon presentments of trespass; and no person convict by this act shall be put to any less fine than after the rates afore limited. s. 5. But no person shall be so put to answer at the king's suit, except the presentment or information be made within three years after the offence. s. 6. And for the same reason no person shall take above two None to occupy farms, with houses thereon; nor shall any person have two, above two except he dwell in the parish where they both are; on pain of 3s. 4d. a week, half to the king and half to him who will sue in any of the king's courts within one year. s. 14. farms. By 38 Geo. 3. If any person shall turn out, keep, or depas- Penalty on perture, in or upon any forest, chase, wood, moor, marsh, heath, sons turning common, waste land, open field, or other undivided or unins out upon comclosed land, any sheep or Jambs infected with such complaint or mon sheep or disorder called scab or mange, or shall wilfully and knowingly the mange. turn out, keep, or depasture, in or upon any such land, any VOL. IV. 2 G 5 lambs having The Binder is desired to cancel pages 457, 458, Vol. iv. and put in this cancel of f Persons aggrieved may appeal to the quarter ses sions. And the conviction shall be in the words or to the effect fol. year of the reign of of his majes of by ty's justices of the peace for the virtue of an act of parliament, made in the thirty-eighth year of the reign of king George the third, intituled, [here set 'forth the title of the act, and specify the offence, and the time and place when and where the same was committed]; and I [or, we] the said do adjudge him [her, or them] to forfeit and pay for the same the sum of Given under my hand and seal [or, our hands and seals] the day and year aforesaid.' The FORM of ADJUDICATION. Upon the report upon the oath [or, oaths] of this tices of the peace for the certain sheep [and lambs] detained [or, impouuded] in a in the said county, by in the parish of virtue of a warrant under our hands and seals [or, my hand 6 and seal] do hereby adjudge that such sheep [and lambs] belonging to AB [or, the owner or owners thereof being unknown] appearing to me [or, us] to be infected with the scab or mange [or, having within the space of 'months, immediately previous to the date hereof, been infected with the scab or mange] be marked forthwith according to the directions of an act, made in the thirty-eighth year of 'the reign of king George the third, intituled, [here set forth 'the title of the act.] Given under our hands and seals, [or 6 my hand and seal], the day and year aforesaid.' But persons aggrieved may appeal to the general quarter sessions next after the expiration of four calendar months from the time such matter of appeal fhall have arisen; and such sessions are to hear and determine the matter of appeal in a summary way, and to make such determination, and to award such costs as they judge proper; which shall be conclusive to all parties, s. 9. *The title is an act for preventing the depasturing of forests, commons, and open fields with sheep or lambs infected with scab or mange, in that part of Great Britain called England. any of want of form in proceedings. And where any distress shall be made, the distress itself shall Distress not not be deemed unlawful,nor the party a trespasser on account of deemed unlaw defect or want of form in the summons, conviction, warrant ful on account of distress, or other proceedings; nor shall the parties making the same be trespassers ab initio, on account of any irregularity afterwards done; and the persons aggrieved may recover full satisfaction for the special damage in an action on the case. But no plaintiff shall recover in any such action if tender of suflicient amends hath been made before such action brought; and in case no such tender shall have been made, the defendant may by leave of the court at any time before issue joined, pay into court such sum as he shall think fit, whereupon such proceedings shall be made as in other actions where the defendant is allowed to pay money into court. s. 10. No action shall be commenced against any person for any Limitation of thing done in pursuance of this act, unless ten days notice in actions. writing be thereof given to the defendant, specifying the cause of action, nor after six calendar months next after the fact committed; and every such action shall be brought in the proper county; and the defendant may either plead specially, or the general issue, and upon judgment against the plaintiff, the defendant shall recover treble costs. s. 11. That no order, verdict, judgment, or other proceedings No proceedings shall be quashed for want of form only, or be removed by for want of to be quashed certiorari. For the offence of killing sheep in the night, see 22 & For the offence of stealing or killing sheep, see 14 Geo. form. |