examine into the circumstances of the case, and to order, if they think fit, that such offender be further imprisoned and kept to hard labour, for any time not exceeding one year from the time of making such order, and to order further, if they think fit, that such offender (not being a female) be punished by whipping. § 10.

Constable neglecting Duty.

And in case any constable or other peace officer shall neglect his duty in any thing required of him by this act, or in case any person shall disturb or hinder any constable or other peace officer in the execution of this act, or shall be aiding, abetting, or assisting therein, every such offender shall forfeit any sum not exceeding 51.; and in case such offender shall not forthwith pay such sum, the same shall be levied by distress and sale; and if sufficient distress cannot be found, one or more such justice or justices may commit the person to the house of correction for any time not exceeding three calendar months, or until such fine be paid; and the said justice or justices shall cause the said fine, when paid, to be forthwith delivered to the treasurer of the county, riding, division, or place where such offence shall have been committed, to be by him added to and used as part of the stock of the said county, riding, division or place. § 11.

And in case any constable or other peace officer shall be convicted before any justice of the peace, for any neglect of duty required of him by this act; or of any disobedience of any lawful warrant or order issued under the provisions of this act, and in case any two or

5 G. 4.

c. 83.

Whipping.

5 G. 4. c. 83.

66

more justices of the peace shall impose any fine, or
direct any penalty to be paid by such officer under and
by virtue of the 33 Geo. 3. c. 55. intituled “ An Act
to authorize Justices of the Peace to impose Fines
upon Constables, Overseers, and other Peace or Parish
Officers, for neglect of Duty, and on Masters of Ap-
prentices for ill-usage of such their Apprentices, and
also to make Provision for the Execution of Warrants
of Distress granted by Magistrates," or under any
other
powers enabling such justices in that behalf, it
shall be lawful for such justices, upon conviction of
any such offender, to reimburse and allow to the person
on whose complaint or information such offender shall
have been convicted, all necessary costs and expences
he may have thereby incurred, or by any appeal made
in consequence thereof, by making an order under his
or their hands and seals upon the treasurer of the
county, riding, division, or place, to pay to such person
the amount of such costs and expences. § 12.

Lodging Houses.

And it shall be lawful for any justice of the peace, upon information on oath before him made, that any person hereinbefore described to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, is or is reasonably suspected to be harboured or concealed in any house kept or purporting to be kept for the reception, lodging, or entertainment of travellers, to authorize any constable or other person to enter at any time into such house, and to apprehend, and bring before him or any other justice of the peace

every such idle and disorderly person, rogue and vaga- 5 G. 4. bond, and incorrigible rogue, as shall be found therein. c. 83. § 13.

Appeal to the Quarter Sessions.

Person aggrieved by any act or determination of any justice of the peace out of sessions, may appeal to the next general or quarter sessions, giving to the justice notice in writing of such appeal, and of the ground thereof, within seven days after such act or determination, and before the next general or quarter sessions, and entering within such seven days into a recognizance, with sufficient surety, personally to appear and prosecute such appeal; and upon such notice being given, and such recognizance entered into, such justice is empowered to discharge such person out of custody. § 14.

Nothing herein contained shall extend or be construed to extend so as to restrain, hinder, or prevent any visiting justice of any prison from granting a certificate or other instrument for enabling any person discharged from such prison to have or receive alms or relief in or upon his or her route to his or her place of settlement; provided that such certificate be made and drawn up in compliance with the directions and provisions of any act or acts of parliament for the better regulation and management of gaols, houses of correction, or prisons: and if any person to whom any such certificate or instrument shall be delivered, shall act in any manner contrary to the directions or provisions thereof, or shall loiter upon his or her route, or shall deviate therefrom,

5 G. 4. c. 83.

every such person shall be deemed to be a rogue and vagabond, and shall be punished accordingly. § 15.

After the passing of this act, no justice of peace, mayor, or other magistrate, shall grant to any person other than a person entitled thereto under the 43 Geo. 3. intituled "An Act for the Relief of Soldiers, Sailors, and Marines, and of the Wives of Soldiers in the Cases therein mentioned, so far as relates to England,” any certificate or other instrument enabling such person to ask alms or relief in their route to any place, or for any other purpose whatever; and every person asking alms or relief under and by virtue of any certificate or other instrument hereby prohibited, is liable to be declared to be an idle and disorderly person, in like manner as if he or she had possessed no such certificate or other instrument as aforesaid. § 16.

And no proceeding before any justice of the peace, under the provisions of this act, shall be quashed for want of form; and every conviction of any offender as an idle and disorderly person, or as a rogue and vagabond, or as an incorrigible rogue, under this act, shall be in the form or to the effect following; (that is to say)

6 me CD, one of his majesty's justices of the peace in and for the said county, of being an idle and disorderly person [or a rogue and vagabond, or an in

'corrigible rogue] within the intent and meaning of the 5 G. 4.

day of

at

statute made in the fifth year of the reign of his ma'jesty King George the Fourth, intituled, [here insert 'the title of this act ;] that is to say, for that the said AB on the in the said county, [here state the offence proved before the magistrate,] and for which said offence the said A B is ordered to be committed to the house of correction there to be kept to hard labour for the space

6

at

• of

[or, until the next general or quarter sessions.] Given under my hand and seal the day, year, and at the place first abovewritten.'

And the justice or justices of the peace before whom any such conviction shall take place, shall transmit the said conviction to the next general or quarter sessions of the peace, there to be filed and kept on record; and of the conviction so filed shall be read as evidence in any court of record, or before any justice of the peace acting under the powers and provisions of this act. § 17.

a copy

Action against Justices, &c.

And in all cases where an action shall be brought against any justice of the peace, constable, or other person, on account of any matter or thing done or commanded by him in the execution of his duty or office under this act, such justice, constable, or other person, if he shall have judgment in his favour, shall have treble costs, unless the judge shall certify that there was a reasonable cause for such action. § 18.

And every such action shall be commenced within

c. 83.