A. Warrant to levy hue and cry on a robbery having been

Westmorland

to wit.

committed.

To all constables and other officers, as well in the said county of Westmorland, as elsewhere, to whom the execution hereof doth or shall belong.

WHEREAS A. I. of

in the county of

yeoman,

hath this day made information upon oath before me J. P. esquire, one of his majesty's justices of the peace in and for the said county of W. that on this present

year of the reign of ·

day of

in the

betwixt the hours of three and

in the

four in the afternoon of the same day, at a place called
said county of W. in the king's highway there, two malefactors and
felons to him the said A. I. unknown, in and upon him the said A. I.
then and there being in the peace of God and of our lord the king, felo-
niously did make an assault, and him the said A. 1. then and there felo-
niously 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 A. 1. from the person and against the will of him
the said A. I. 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 A. I. unknown, is a tall, strong man, and seemeth to be
about the age of
years, is pitted in the face with the small
pox, and bath the scar of a wound under his left eye, and had then on
a dark 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 A. I. unknown, did fly and withdraw themselves to places
unknown, and are not yet apprehended: These are therefore to com-
mand you forthwith to raise the power of the towns within your sere-
ral precincts, and to make diligent search therein for the persons above
described, and to make fresh pursuit and hue and ery after them from
town to town and from county to county, as well by horsemen as by
footmen; and to give due notice thereof in writing, describing in such
notice 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 for the county where he or they shall be so apprehended, to be by
such justice examined, and dealt withal according to law. And hereof
fail you not respectively, upon the peril that shall ensue thereon. Given
under my hand and seal,
in the said county of W. the
aforesaid, in the year aforesaid.

day of

B. Notice to the constable of a robbery committed, and to be inserted in the gazette.

NOTICE is hereby given (pursuant to an act of parliament made in the 8th year of the reign of his majesty king George the second, intituled "An act for the amendment of the law relating to actious

between the hours of -
of the same day, was stopped and robbed by
the public highway between

and

in the

now last past,

noon

•persons in in the county of one of them being, &c. and the other, &c. [describe the figure, colour, clothes, &c. of the parties and their horses] which persons took from the person of the said A. B.

in gold,

guineas

shillings in silver, and a silver watch [as the case

may be].

A. B.

C. Examination of a person robbed, before action brought.

County of THE examination of A. B. of

to wit.

to] the hundred of

day of

that on the

gent. taken on

oath before me S. P. esq.one of his majesty's justices of the peace in and for the said county dwelling in [or near within the said county, the year of the reign of, &c. who saith, instant, between the hours of noon of the same day, at

and

in the

day of

in the

he was assaulted in the highway leading from by two men on horseback, one being [describe their persons, &c.] and that he the said A. B. was by them robbed of&c. and that he the said A. B. did not then know nor doth now know either of the persons who committed the said robbery, and that the said highway in which he was robbed is in the parish of within the hundred of in the said county of

D. Affidavit of an applicant for the reward of 10%.

to wit. hundred of

day of

in the

County of BE it remembered, that this in the year of our Lord 1820, at in the said county, one C. D. of in his proper person cometh before us, J. C. and S. P. esquires, two of his majesty's justices, &c. and on his corporal oath before us the said justices to the said C. D. now here administered, maketh proof before us the said justices, that he the said C. D. did this day apprehend and secure one E. F., charged on the hue and cry, and also on the examination on oath of G. H. gent. taken in writing the day of before J. C. one of us the undersigned day ofjustices, for that he the said E. F. on the now last past, at the parish of

within the hundred of in the said county, in the king's highway there, about the hour of in the noon of the same day, in and upon the said G. H. feloniously did make an assault, and him the said G. H. in bodily fear and danger of his life feloniously did put, and one gold watch, &c. [describe the articles stolen] of the goods and chattels of the said G. H. from the person and against the will of the said G. H. in the highway aforesaid, within the said hundred of then and there feloniously and violently did steal, take and

carry away, as by the said examination in writing will more fully appear. And the said C. D. further maketh proof before us the said justices, that the said G. H. on the

day of last past, did duly cause an advertisement of the said highway robbery to appear in the London Gazette, published on the said last mentioned day, and that the said G. H. hath, as this informant verily believes, duly complied with all the requisites of the several statutes in this behalf made and provided, legally to entitle him to bring and maintain his action at law against the said hundred of- ——to recover damages for the said highway robbery; and the said C. D. further maketh it appear to the satisfaction of us the said justices, that by the said apprehension of the said felon by him the said C. D. within 40 days next after the insertion of such advertisement of the said highway robbery as aforesaid in the London Gazette, the said hundred of hath become actually indemnified from any action at law at the suit of the said G. H. for or on account of the said highway robbery, whereby the said C. D. is become entitled to a reward of 101. from the said hundred, and therefore prays the order of us the said justices for the said reward, and for a rate or assessment to be made on the inhabitants of the hundred of. —— in the said county of to levy and collect the sum of 101. on the said inhabitants of the said hundred of -for the use of him the said C. D. for such reward as aforesaid, according to the form of the statute in that behalf made and provided.

Exhibited on oath before us, this

C. D.

E. Order for 10l. reward for apprehending a felon.

to wit.

:

County of WHEREAS [recite the affidavit as in the last precedent] now we the said justices, upon due proof and consideration had of the premises, in pursuance of the statute in that case made and provided, do hereby order the said reward of 10l. to be paid to the said C. D. by the inhabitants of the said hundred of · and for the purpose of levying and collecting the said sum of 10l., we do hereby make the rate and assessment hereto annexed upon the several parishes and townships within the said hundred. And we do hereby order the high constable of the said hundred forthwith to give notice of this our order, and of the assessment hereunto annexed to all petty constables of all parishes and townships within the said hundred, and to collect from the said petty constables the several sums in the annexed rate respectively assessed on and set opposite to the names of the said several parishes and townships, within twenty days from the date hereof, and to pay over the several sums so levied and collected within ten days next after the same shall be so levied and collected, into the hands of us the said justices, or into the hands of one of us, for the use of the said C. D.; and you the said petty constables are ordered within your respective parishes and townships, immediately on notice of this our order, to make an equal rate respectively on the inhabitants of each your several parishes and townships,

to levy and collect the several sums by us the said justices assessed on them, and set opposite to the several names of the said parishes and townships respectively in the rate hereunto annexed; and that you levy, collect, and pay the said several sums so respectively to be levied and collected into the hands of the high constable of the hundred of within such time as the said high constable shall for that purpose appoint, not exceeding the space of fourteen days from the date hereof.

Given under our hands and seals, &c.

AN assessment made by us, two of his majesty's justices of the peace

in and for the county of
in the said county, this

acting in and for the hundred of

day of

in the

year of our Lord 1820, on the several parishes and townships within to collect the sum of 10l. for the pur

the said hundred of

poses in the order hereunto annexed mentioned.

[29 C. 2. c. 7.-1 G. 1. st. 2. c. 7.-9 G. 1. c. 22. — 22 G. 2. c. 46.57 G. 3. c. 19.]

IN ancient times, before the conquest, it was ordained for the Hundred whence more sure keeping of the peace that all free-born men should so called. cast themselves into several companies, by ten in each company; and that every of those ten men should be surety and pledge for the forthcoming of his fellows. For which cause, these companies in some places were called tythings, as containing the number of ten men with their families; and even as ten times ten do make an hundred, so because it was then also appointed that ten of these companies should at certain times meet together for their matters of greater weight, therefore that general assembly was, and yet is, called an hundred. Lamb. Const. p. 6.

amerced for an

If any homicide be committed, or dangerous wound given, in Hundred to be the day time, and the offender escape, the town shall be amerced; and if out of the town, the hundred shall be amerced. 2 Haw. escape. c. 12. § 2.

The hundred shall make good the damages, in cases of robbery; Hundred an cutting banks, cutting hop-binds; burning houses, barns, out- swerable in dihouses, hovels, cocks, mows, or stacks of corn, straw, hay, or vers other cases. wood; mines, or pits of coal; destroying granaries, or corn in

22 G. 2. c 46.

be levied.

tended for exportation; destroying turnpikes, or works of navigable rivers; and the like; as may be seen under their proper titles.

By 22 G. 2. c. 46. § 34. writs of execution which shall be sued Damages how to out against the inhabitants of any hundred, on any judgment obtained by virtue of any act of parliament, shall not be levied on any particular inhabitants, but shall by the sheriff on receipt thereof be produced to two justices in such manner as is directed by the stat, 8 G. 2. relating to actions on the statute of hue and cry; and the said justices shall cause a taxation to be made and levied by the constables in 30 days for paying the plaintiff's costs and damages, and also all such necessary expences as any inhabitants shall have been at in defending such action; the same being first proved on oath before the said justices; and the attorney's bill taxed. And the said sums shall be paid to the sheriff by the constables in ten days after the time is expired for collecting; and by the sheriff, to the persons entitled to receive the same, without any deduction or fee; all in the same manner as is directed by the statute of the 8 G. 2. c. 16. in cases of robbery. (See the preceding title.)

I G. 1. st. 2. c. 7. § 6. How damages shall be made good, if any church, &c. be demolished, &c. See title 60 Riot,"

Vol. V. page 21.

By 1 G. 1. st. 2. c. 7. § 6. if any church or chapel or any building for religious worship certified and registered according to 1 W. & M. sess. 1. c. 18. or any dwelling-house, barn, stable, or out-house shall be demolished or pulled down wholly or in part by any persons so unlawfully, riotously, and tumultuously assembled, then in case such church, chapel, building for religious worship, dwelling-house, barn, stable, or out-house, shall be out of any city or town that is either a county of itself or is not within any hundred, the inhabitants of the hundred in which such damage shall be done, shall be liable to yield damages to the person or persons injured and damnified by such demolishing or pulling down wholly or in part, and such damages shall be recovered by action by the person or persons damnified thereby against any two or more of the inhabitants of such hundred, such action for damages to any church or chapel to be brought in the name of the rector, vicar, or curate of such church or chapel that shall be so damnified, in trust for applying the damages to be recovered in rebuilding or repairing such church or chapel, and judgment being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, be raised and levied on the inhabitants of such hundred, and paid to such plaintiff or plaintiffs in such manner and form and by such ways and means as are provided by the statute made in the 27th Eliz. for reimbursing the person or persons on whom any money recovered against any hundred by any party robbed, shall be levied; and in case any such church, chapel, building for religious worship, dwelling-house, barn, stable, or out-house, so damnified, shall be in any city or town that is either a county of itself or is not within any hundred, that then such damages shall and may be recovered by action against two or more inhabitants of such city or town, and judgment being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall at the request of such plaintiff or plaintiffs, his or their executors or administrators, made to the justices of the peace of such city or town, at any quarter sessions to be holden for the said city or town, be raised and levied on