No person to enter a horse unless his own property. I. Regulations concerning horse-races. BY 13 Geo. 2. c. 19, No person shall enter or run any horse, mare, or gelding, for any plate, prize, money, or other thing, unless the same be bona fide his own property-nor shall any one person enter and start more than one horse for the same Nor enter more plate or prize-and if any person enter or run any horse, not than one horse being his property, the said horse or the value shall be forfeit ed; and if any person enter and start more than one horse for the same prize, every such horse (other than the first entered) or the value shall be forfeited. for the same prize. No prize to be less than 501. Race to be run in one day. No match to be for less than 501. Entrance money. Recovery of penalties. s. 1. And no plate, prize, sum of money, or other thing, shall be run for, or advertised or proclaimed to be run for, unless such prize be of the value of 50%. or upwards; and if any person enter or run any horse for any prize of less, value than 50% or print, advertise, or proclaim any notice of any prize of less value than 501. to be run for by any horse, every person so entering or running such horse, shall forfeit 2001. and every person who shall make, print, publish, advertise, or proclaim any notice of any prize of less value than 50l. to be run for by any horse, shall forfeit 1007. s. 2. Every race run for any prize shall be begun and ended in the same day. s. 4, And no person shall start or run any match with any horse, mare, or gelding, for any prize, unless at Newmarket Heath, in the counties of Cambridge and Suffolk, or Black Hambleton in the county of York; or the said prize be of the real value of 501. or upwards: and in case any person start or run any such match at any other place, or for any prize of less value than 50% he shall forfeit 2001. $. 5. And all money paid for entering any horse shall be paid to the second best horse that shall run. 8.7. All penalties for any offence against this act shall be recover. ed by action, and applied one moiety to such person as shall and the other to the use of the poor of the parish, except within the county of Somerset, where it shall go to the use of the Bath hospital. s. 6. suc, Under this act it has been determined, that although the stakes are unequal, and each less than 50%. yet if they in the ag gregate amount to 507. as if one man contributes 301. and the other 20. it will be a match for 50%. within the meaning of the act. 4 Burrows, 2432. But if an horse-race be for a smaller sum than 50%. no wager dependant on the event of that race can be recovered; for the horse race itself being prohibited by statute, the race which is the subject of the wager is illegal, and so also is the water. 4 Term Rep. 1, P II. Duty on running horses; There shall be paid for every horse, mare, or gelding, entered to start or run for any plate, prize, or sum of money, or other thing whatsoever, (44 Geo. 3. c. 98,) 21. 2s. And the owner of every horse entered as aforesaid, shall previously pay to the clerk of the course, book-keeper, or person authorised to make such entry, 21. 2s. as the duty for one year, which if he neglect or refuse to do, he shall forfeit 201. 24 Geo. 3. sess. 2. c. 31. s. 5. And the clerk of the course, or other person who shall receive such entrance money, shall within fourteen days after the receipt thereof, give an account of, and pay the same to the distributor of stamps, on pain of 100%. for not delivering such account, and double the money due at the time of such default. And the distributor shall make him an allowance of 18. in the pound for all monies accounted for and paid by him. 3.6, 7. One moiety of the penalties shall be to the king, and the other with costs to the informer (if he prosecute within six months, and if not, then the same shall belong wholly to the king. 26 Geo. 3. c. 82. s. 2, 3.)—s. 18. And one justice residing near the place may upon information summon the party accused, and witnesses on either side, and upon proof of the fact by confession of the party, or oath of one witness, give judgment * for the penalty, and issue war. rants for levying the penalty on the goods of the offender, and cause sale to be made thereof if not redeemed within six days; and in default of distress he may commit the offender to prison for three months, unless the penalty be sooner paid. s. 19. But persons aggrieved may, upon giving security for the penalty, together with such costs as shall be awarded, in case the judgment shall be affirmed, appeal to the next general quartersessions, who are to summon and examine witnesses on oath, and finally determine the same, and in case judgraent be affirmed, award the party to pay costs. s. 19. If witnesses summoned neglect or refuse to appear, they shall forfeit 40s, to be levied in like manner. $. 20. Penalties may be mitigated, not exceeding one moiety thereof above costs. s. 21. For the general form of the conviction, see that authorised by 26 Geo. 3. c. 82, under the general Title STAMPS. Hospitals. See LYING-IN HOSPITALS, House, immunities of. See p. 850, supra, and Vol, I. p. 206. House, duties on. See TAXES. House-breaking. See FELONY (without clergy). HUE AND CRY. HUE and cry is the pursuit of an offender from town to town till he be taken, which all who are present when a felony is committed, or a dangerous wound given, are by the common law, as well as by statute, bound to raise against the offend ers who escape, on pain of fine and imprisonment. 3 inst. 116. 1 Hale's Hist. 588. 2 Hawk. c. 12. s. 5. The raising of hue and cry enjoined by the common law, may be called a raising it at the suit of the king; and the raising of it in pursuance of several acts of parliament, a raising of it at the suit of a private person, because those statutes make the hundred answerable to the party robbed, if they neglect to pursue hue and cry, and apprehend robbers. Bacon's Abr. Tit. lue and Cry. This subject may therefore be properly considered in the fol. lowing order: I. Hue and cry at the common law or suit of the king. II. Hue and cry in pursuance of the statutes. I. Ilue and cry at the common law or suit of the king. Under this head we shall consider, 1st, By whom the hue and cry is to be levied. 2dly, In what manner it is to be levied. Saly, In what manner to be pursued. 4thly, What the persons pursue it may justify doing. 5thly, How the omission or neglect of doing it is punished. zcho As to the first point, by whom hue and cry is to be levied. It seems to be clearly agreed, that a private person who hata been robbed, or who knows that a felony hath been committed, is not only authorised to levy hue and cry, but is also bound to do it under the pain of fine and imprisonment. 2 Inst. 172. 3 Inst. 116. 1 Hale's Hist. 464. From hence it follows, that although it is a good course, as Hale says, to have a precept or warrant (1) from a justice of peace for raising of hue and cry; yet it is neither of absolute necessity, nor sometimes convenient, for the felons may escape before the justice can be found; also hue and cry was part of the law, before the institution of justices of peace. 2 Hale's Hist. 99. And although also, says he, it is especially incumbent upon constables to pursue hue and cry, when called upon, and they are severely punishable if they neglect it; and it prevents many inconveniences if they be there, as it gives greater authority to their pursuit, and enables the pursuants in their assistance, to - plead the general issue *, without being driven to special plead By force of 7 Jac. 1. c. 5, and 21 Jac. 1. c. 12, see Vol. I. p. 552. (I) Warrant to levy hue and cry on a robbery having been com Monmouthshire. } mitted. To all constables, and other officers, as well in the said county of Monmouth as elsewhere, to whom the execution of these presents doth or shall belong. Whereas P R of - in the county of gentleman, hath this day made information, upon oath, before me, JP, esq. one of his majesty's justices of the peace in and for the said county of Monmouth, that on this present year of the reign of · in the day of betwixt the hours of and in the — noon of the same day, at a place called in the said county of -- in the king's highway there, two malefactors and felons, to him the said P R unknown, in and upon him the said PR then and there being in the peace of God und of our said lord the king, feloniously did make an assault, and him the said PR then and there feloniously did put in great fear and danger of his life, and the sum of of lawful money of Great Britain, of the goods and chattels of him the said P P, from the person and against the will of him the said P R, then and there violently and feloniously did steal, take, and carry away; and that one of the said malefactors and felons, to him the said P R unknown, is a tall, strong man, and scemeth to be about the age of years, is pilted in the face with the small-pox, and hath the scar of a wound under his left eye, and had then on a dark How to be Jevied. How pursued. ing; it is therefore, and to prevent the inconveniences that may happen by unruliness, most adviseable that the constable be called to this action; yet upon a robbery, or other felony com. mitted, hue and cry may be raised by the country, in the absence of the constable, and in this there is no inconveniency, for if hue and cry be raised without cause, they that raise it are punishable by fine and imprisonment. 2 Hale's Hist. 99, 100. As to the second point, in what manner it is to be levied.] The regular method of levying hue and cry, is for the party to go to the constable of the next town, and declare the fact and describe the offender, and the way he is gone; whereupon the constable ought immediately, whether it be by day or night, to raise his own town, and make search for the offender; and upon the not finding him, to send the like notice, with the ut. most expedition, to the constables of all the neighbouring towns, who ought in like manner to search for the offender, and also to give notice to their neighbouring constables, and they to the next, till the offender be found. 2 Hawk. e. 12. 8.6. As to the third point, in what manner it is to be pursued.] The constable is not only to make search in his own vill, but brown riding coat, &c. and did ride upon a bay gelding, with a star on his forehead, and the other, &c. and that after the said felony and robbery committed, they the said malefactors and felons, to him the said PR unknown, did fly and withdraw themselves to places unknown, and are not yet apprehended: These are therefore to command you forthwith to raise the power of the towns within your several precincts, and to make diligent search therein for the persons above described, and to make fresh pursuit and hue and cry after them from town to town, and from county to county, as well by horsemen as by footmen, and to give due notice hereof in writing, describing in such writing the persons and the offence aforesaid, unto every next constable on every side, until they shall come to the sea. shore, or until the said malefactors and felons shall be apprehended. And all persons whom you or any of you shall, as well upon such search and pursuit as otherwise, apprehend or cause to be apprehended, as justly suspected for having committed the said robbery and felony, that you do carry forthwith before some one of his said majesty's justices of the peace, in and fer the county where he or they shall be so apprehended, to be by such justice examined and acalt withal according to law. And hereof fail you not respectively, upon the peril that shall ensur thereon. Given under my hand and seal at in the said aforesaid, in the jese |