necessary to enlarge; since of the most of them the author hath made no use, and of the rest very sparingly; and he will not seek to recommend his own book, by finding fault with others before him. ORTON, WESTMORLAND, ADVERTISEMENT CONCERNING THE FIFTEENTH EDITION. WHAT alterations have been necessary to be made from time to time, since the first publication of this book, may be easily conceived from the variety of materials, which have been introduced from the Reports of Cases adjudged in the courts of Westminster-hall, and the Statutes enacted during that period. When this book was first published, in the year 1754, there had been few Reports adjudged in the reign of king George the First, and almost none in the reign of king George the Second. But now this deficiency hath been abundantly supplied by a greater number of Reports of Cases, determined in matters subject to the jurisdiction of the justices of the peace, than had been in the whole period before that time, from the first institution of the office of that magistrate. The Statutes, or acts of parliament, which have been made during the said time, connected more or less with the office of a justice of the peace, are in number above three hundred ; besides almost half as many more that have been repealed, superseded, or permitted to expire. By the means of which statutes, so many new matters are in every session of parliament brought under the jurisdiction of these justices, and so many alterations are made in subjects of which they before had cognizance, that every new edition, in order to keep pace with the law, is in effect a new book. And this is unavoidable. To publish those alterations separately, in an annual appendix, is a work of more difficulty than may be at first apprehended. For to effect this to any sufficient purpose, many titles must be taken in pieces, and wholly new modelled; sometimes one act of parliament breaks into several different titles, all of which must be surveyed, and rendered consistent with each other; and new titles frequently arise upon new emergencies. These alterations and additions in any one year would increase to a volume of no inconsiderable dimensions, and in two or three years' time would be productive of infinite confusion; and, notwithstanding all reasonable attention that might be employed, the book and the appendixes, and the several appendixes one with another, would be at variance. The best appendix that the author can imagine is, the statutes at large every year, so far as justices of the peace are concerned therein; which statutes, as no acting justice ought to be without, this would therefore, upon that account, create unto him no additional expence. INTRODUCTION, CONSISTING OF TWO PARTS; CONTAINING 1. Certain Abbreviations made use of in this Work. II. Some general Rules to be observed in the Construction of I. Certain Abbreviations made use of in this Work. In order to keep the book within a reasonable compass, the following abbreviations are made use of. 1. The word justice is always to be understood to mean Justice. justice of the peace, when not otherwise expressed. 2. The words one justice shall be understood to signify one One justice. or more justices: so that what is directed to be done by one, shall not be intended thereby to exclude others from joining with him. 3. In like manner, two justices, when not otherwise ex- Two justices. pressed, shall be understood to signify two justices or more. 4. So also a conviction on the oath of one witness, shall be One witness. understood to denote one witness or more. 5. And two witnesses shall denote two or more witnesses. Two witnesses. 6. (1 Q.) shall be understood to signify one whereof is of Quorum. the Quorum.. 7. The justices in sessions shall signify the said justices, or Majority. the major part of them. 8. The word sessions shall denote the general quarter ses- Sessions. sions, if not otherwise expressed. 9. The word warrant shall always signify warrant under Warrant. hand and seal, where not expressed otherwise. 10. Judges or justices of assize shall be understood to sig- Judge of assize nify also those of Nisi Prius, Oyer and Terminer, and general gaol delivery. 11. The word mayor shall always be understood to imply Mayor. Constable. Overseer. Poor. Penalty. Overplus. Lands. Transportation. Blank spaces. Figures. Continuance of Statutes. Citing of sta tutes. bailiffs and other chief officers in corporations, by what appellation soever dignified. 12. The word constable shall always be understood to imply tythingmen, borsholders, headboroughs and other peace officers required to execute the justices' warrants. 13. The word overseer shall be understood to mean overseer of the poor, where not expressed otherwise. 14. Where a penalty, or part thereof is expressed to be given to the poor, that shall be always understood to denote the poor of the parish where the offence was committed, if not otherwise limited. 15. Where a penalty is to be recovered before the justices of the peace, it is thought indispensable to insert particularly the manner of recovering the same; but where it is to be sued for in any of his majesty's courts of record at Westminster, it is judged not necessary to set forth the special method of procedure there: and generally, where it is expressed, that a person shall do, or not do such a thing, on pain of such a sum, without more, it shall be understood that such penalty is not recoverable before the justices of the peace, but only in the courts at Westminster. 16. In all cases of distress and sale, it shall be understood that the overplus must be returned to the owner, after the sum or sums to be thereout deducted shall be satisfied and paid. 17. Lands shall be understood to stand for lands, tenements, and hereditaments. 18. Where transportation is directed for any offence, it shall always be understood, that if the offender shall return before the time limited, he shall be guilty of felony without benefit of clergy. 19. In the blank spaces for the names in the precedents, instead of inserting initial letters arbitrarily, it is thought it may be some help to the memory, that A. O. shall signify the offender, A. I. the informer, A. W. the witness, J. P. the justice of the peace, and the like. 20. Also for brevity's sake, sums of money and other numbers are usually expressed by figures, and not in words at length; but it is to be remembered, that in the forms of warrants, convictions, and other proceedings before the justices, they ought to be expressed in words at length, and not in figures. 21. Where a statute is said to be in force until such a day, month, and year, &c. it shall always be understood to imply, and from thence to the end of the then next session of parliament. 22. In the statutes made in the reign of the late King William, it is thought not necessary upon all occasions to |