o ^llIBRARYfJ^^ #!PSH^ ^!lHmR%. "^/SQAiNII ^-UBRAl '*«^N From the Library of Professor David Mellinkoff Who donated his collection TO THE UCLA School of Law Hugh & Hazel Darling Law Library August 1999 "Cleansed of words without reason, much OF the language of the law need not be peculiar at all. And better for it." The Language of the Law BY David Mellinkoff IINIVBI% •0NIW{5t %aMNftj^^ ^WimO/:^ .5»EIINIVEI% ^WSAHC!l£rA ^•UBRARYOc ^mm-^ ^mmm^ "^immw ^•UNIVERS^ ^lOSANCfier^ ^OFCAUFMJij^ ^ ^OFCAUFOR^ ^ M ^. ^JJB3NVS01^ '%3AINn]tft ^OKAUFOR^ ^OFCAUF<«ij^ .5JtfUNIVER%. ^lOSAHCfUr^ S — VII I sm — V||~l Sf " « M .— <^t^UNIVB% ^UONVSOl'^ ^5»fUNIVEI% I" ^J^ONVSOl^ ^•UBRAm^ 4^4iBitAinr-(^/ ^Of-CAUFOB^ ^0F-CAUF0S5(^ ^juivaarF# g ^•lIBRARYCc, ^smfii^"^ \(moi^^ ^Jjnman^^ "^/sflAJNfli^^ ^OfCAllfOM^ ^OFCAUFORij^ ^Aavaan-# "^^ommi^ I' mmjiiS;^ ^smui'^^ SO ^5!AMINIWR% ^10S-ANCEI% ^nvD-jo^ '^mojo'^ issiis:^ T H £ JUSTICE of the PEACE, D n t^ARISH OFFICER. Bv RICHARD BURN, LL. D. LATE CHANCELLOR OF THE DIOCESE OF CARLISLE, Continued to ihc ?:efcni Time By 'j O H N BUR N, Efq. his Son, ONE OF HIS majesty's JUSTICES OF THE P E .•\ C E FOR T: COUNTIES OK WtSTMORLAND AND CUMBERLAND. THE SIXTEENTH EE FION": To which is added an Appendix, including the Statutes of the laft Sefllon of Parliament (28 Geo. 3.}. IN FOUR VOLUMES. VOL. II. LONDON: PRINTED BY A. STRAHAN AND W. WOODFALL, LAW-PRINTERS TO THE KIKG's MOST EXCFLLENT MA lESi V FOR T. )ELL, IN THE ';TRA^^D, ERRATA, Vol. li. ?age 92» i59» 204, 206, 207, t 209, 221, 222, 224, 225, 330> 423* 4+7. 465. 469, 471* line 20. yor id, read zy G. 3. c. 13. — 37. /«/fA*/ or before other. — 5 . for f . 7 . r^«/back, together with the vefTels, boats, horfes, cattle, and carriages, made ufe of in land- ing ©r carrying the fame j half to the king, and half to A 3 hiw €xtik an& cuSomS- him that fliall inform, feize, or fue in the courts at 7/^- m'lnjler. 8 //«??. ^. i 3- /• i6. But by the claufe above- mentioned, the boats, cattle, and carriages, may be re- covered before the jufticesof the peace. Unfliippins with 9. By the 8 Ann. c. '7. If any goods fliali be unfliipped, intent to lamj. with intention to be landed, without paying cuftoms, or if any prohibited goods fnall be imported j then not only the faid goods fhall be forfeited, but alfo .the perfons aflift- ing or concerned therein, or to whofe hands they fliali come, fliall forfeit treble value, together with the veflels, boats, horfes, and other cattle, and carriages j' half to the king, and half to him that fhall feize or fue. f. 17. And by the ig G. 3. c. 69. Any oiRcer of the cuftoms or excife, and their aOiftants, may arreft perfonr- who fhall be found aiding in and unfhipping any uncuftomcd or prohibited goods to be laid on land j and fhall forth- with carry them before a juftice refiding near: who fhall, if he fee caufe, commit the offender to the next county gaol, till the next general quarter fefhons. In which cafe, the officer fhall enter into recognizance in 40 1, to appear and profecute. And tHe juftices at fuch feflions fhall hear and determine the offence, and in lieu of any other puniflimcnr by any former acl, may commit the of- fender to hard labour in the houfe of corredtion, not ex- ceeding three years, nor lefs than one. And the commif- fioners fhall order the charges of profecution to be paid by the receiver general of the cuftoms or excife refpective- ly. /8. Power to fearch, 10. Any perfon authorized by writ of afiiftants out of . the exchequer, mav take a conftabie or other publicjc of- ficer near, and in the day time enter aiiy houfe or place, and in cafe of refiftance break open doors, cherts, and other package, there to feize, and from thence to bring goods prohibited and uncuftomed, and fecure them in the king's wareboufe. 13 ^ 14 C 2. c. 11. J. 5. ^_ , ., And whereas the ofHcers of excife are by fcveral afts Omcers of the i /■ • • • • i cuftoms em- empowered to feize tea and Ipiriis removmg without pcr- powered tofcizcmits, together with the veflels, boats, horfes, and car- tea. Sec. riages ufed in removing thereof: It is enacted by 24 G. 3. c. 47. fej^ 2. that the officers of the cuftoms fhall have the like powers to feize and profecute any fuch tea or fpiritsfo removed or removing, f. 29. II. If prohibited or cuftomable goods fhall be found by m^yb/rtoppfj any officer of the cuftoms, in a bark, hoy, lighter, barge, and icized. boat, or whcrry on the water ; or coming dircdly from tlie water fide, without the prefence of an officer, or if fuch goods fhall, on information of a credible perfon, be 2 found found In any houfe or place, on fearch made as by the faid ilatute of 13 y 14 C 2. c. 11. fuch officer may ftop and put the faid goods in the king's warehoufe, until theclaimer (hail make proof before the commiflioners, if it be in the port of London., th.it the duties have been paid or fecured, or that the fame had been bought in a lawful way of trade, and that fuch perfon verily believes the duties to have been paid, or that the faid goods had been compounded for, of condemned in the exchequer, or been otherwife delivered by writ of that court, and that the prohibited goods had been compounded for, or condemned, or otherwife deli- vered, as aforefaid 5 in which cafe, the goods fhall be de- livered without delay or charge. And if the goods be flop- ped in any other port, the claimer fhall make the like proof and deliver the fame to the collector, or in his abfence to one of the other principal officers of the port, which proof flaall forthwith be tranfmitted to the commiffioners for their directions touching the delivery of the goods, or for feizing the fame and profecution. 6 G. c. 1\' f- 39. Provided fuch proof be made within ten days ; in failure whereof the goods may be feized and profecuted as by the laws againfl: the importation of prohibited or uncuftomed goods, f. 40. If on fuch profecution, where no application hath been made to the commiffioners or. officers aforefaid, and not otherwife, the property of the goods fhall be claimed, and the queftion fliall arife whether the duties were paid, or the goods had been compounded for, or condemned, or othervv'ife delivered by writ out of the exchequer, or bought in a lawful way of trade, the proof {hall lie on the claim- er; and if the claimer recovers his goods, he fhall have cofls likev/ife, which fliall be reckoned as a full fatisfac- tion for damages. /• 41- Where the claimer fhall make proof, either by oath be- fore a juftice of the peace, or otherwife, to the fatisfa£tion of the commiffioners or officers of the cufloms, fo as to induce them to order a delivery of the goods, and if the owner fhall receive any damage by fuch flop ; he may bring his adtion for his reafonablc damages, f. 42. But the officer, if he pleafes, may profecute, notwith- Itanding the diredtions of the commiffioners j in which cafe he fhall be liable to be fued by the owner for reco- very of his goods with full coftsj or if the commiffioners Ihall give no directions for delivery of the goods, the owner neverthelefs may fue for them with cofts and da- mages. / 43. A 4. 12. If ,'#3 €xcik nnh ciiQcms. Goods taken in 12. If any foreign goods fliall be taken in at fea, or pat *'fei. out of any (hip within four leagues from the coaft, with- out payment of the cuftoms and other duties (unlefs in cafe of necelTity, or for a lawful reafon, of which the mafter (hall give immediate notice and make proof, before the chief ofHcer of the cuftoms of the firft port where he fhall arrive); the fame (hall be forfeited, and every perfon aid- ing or concerned therein fhall forfeit treble value ; and the veflel into which the fame fliall be taken, ftiall be forfeit- ed, not exceeding ico tonsj and the mafter of the veflel out of which they are taken, fliall alfo forfeit treble value ; half to the king, and half to him that ftiall feize or fue. 9 G. 2. c. 35. 7:23. Veffel hovering 13- Where any veflel, coming from foreign part?, mearthecoaa. having oti board any goods liable to forfeiture by any adt , now in force on being impprted, fliall be found at anchor, or hovering within the limits of any port, or within two leagues of the fliore ; or fliall be difcovered to have been within the limits of any port, and not proceeding on her voyage, wind and weather permitting, unlefs in cafe of unavoidable necemty and diftrefs of weather, of which the mafter or other perfon having charge of the veflel ihall give notice and m-'ke proof before the coIie£tor or other chief oflScer of the cuftoms, immediately after the arrival of the veflel in fuch port: all fuch goods, together with the cheft?, boxes, caftis, and other package, or the value thereof, fhall be forfeited, whether bulk IhuU have been broken or nijt ; and the veflel alfo, with her tackle and furni'ure, fhall be forfeited, provide"d fuch veflel doth not exceed the burthen of 50 tons ; half the produce, after the fale thereof, (charges dcdusftcd,) to be to the king, and half to the oflicer w»io Ihali make the fcizure. 5 G. 3. f.^3.y. j8. A..a by 24. G. 3. c. 47.7'^ 2. IF any fhip fhall be found at anchor, 01 'lovering within the limits of any port ; or within 4 leagues of the coail, aad rot proceeding on her voyage, wind and weather permitting, unlefs in cafe of un- avoidable necefllty (of which the commander fliall give notice to the proper oflicef), having on board 2 v brandy or other fpiricuous liquors, in any veflel or callc not con- taining 60 gallons, (except only for the ufe of the feamen not exceeding 2 gallons for each), or having on board any wine in caflcs (provided fuch ihip having wine on board fliall not exceed 60 tons burden), or having on board 6 lb weight of tea, or 20 lb weight of cofrec, or any other goods liable to forfeiture, not only all fuch j^oods, but alfo the fhip and tackle fluil be forfeited, f. i. 4 Provided, €vciit ant) cuaoms:. Provided, that in any fuit for forfeiture, evidence may be received to (hew, from the fmall quantity of the goods, that they were on board without the privity of (he owner or mader ; and on proof thereof, fuch vefTel (hall not be forfeited, if of more than loo tons burden. /. 2. But the goods fo found on board, whether with or "Without the privity of the mafter, fliall be forfeited ; and the perfon in whofe poflefTion or charge they fhall be found, fhall forfeit treble value, f. 3. And all vefl'els, belonging in whole or in part to any ©fhis majeliy's fubjects, called cutiers, luggers^ Jjjaliops^ot wherries (of what built foever) ; or of any other defcrip- tion, whofe bottoms are clench work, unlefs they fhall be fquare rigged, or fitted as floops, with ftanding bowiprits ; or the length of which fliall be greater than in the propor- tion of 3^ feet to I foot in breadth ; [except veffels em- ployed in the pilchard fifhery duly licenfed. 25 G. 3- c. 58. f. 4.] and all Ihips, belonging as aforefaid, armed for re- ilftance. [And by 27 G. 3. c, 32. / i. the fame is further ex- tended to JlocpSy Jriu.cks, ov yawls i having a bowfprit which {hall exceed in length more than two thirds of the kngth of fuch cutter, lugger, fliallop, wherry, floop, fmack, cr yaw), from the forepart of her flem, to the aft fide of the llcin poft aloft, whether the fame fliall be a landing or runr.ing bowfpritj which (hall be found within the dillance afore- faid ; (hall be forfeited, together with the goods laden thereon, and all her guns, tackie, and furniture, f. 4. But this (hall not extend to prevent any fiiip froni having en board 2 carriage guns of the calibre not exceedmg 4, pounders, and fmall arms, not exceeding two mufkets for every ten men. f. 5. And by the 59 G'. 3. c. 69. "When any tea, coffee, foreign fpirituous liquors, or any goods whatfoevcr, are liable to forfeiture for being found on board any (hip coming from foreign parts, at anchor, or hovering within the limits of any port, or- within two leagues of the coaft, or for having beer| difcovered to have been within the limits of any port contrary to any act of parliament then, in force ; the iiiip, if coming from any pari; of Europe, to- gether with her tackle and furniture, fhall be forfeited, provided fuch (hip doth rot exceed 200 tons. f. 2. And any officer of the cuftoms or excife (producing his warrant of deputation, if required) may go on board any coafting vefl'el, and fearch for prohibited < nd uncuflomed goods, and continue on board during the veflers ftay v/ith- in lO extitt anD tnftom i3' Importing in cafks under H, Importing wine. Penalty on the mafter, mate, flt leamsn. in the limits of the port; and if any perfon fliall ob{lru£i him he fhall forfeit lool. 9 G. 2. c. 35-. f. 29. 14. Where any foreign fpirituous liquors fhall be im- ported from any part of Ewope^ in any vefiel not contain- ing 60 gallons at the leaft (except only for the ufe of the feamen, not exceeding two gallons each) ; ihe fame, and alfo the fhip, of whatever burden, with all her tackle and furniture fhall be forfeited, jq G. 3. c.6() f. i. Stiength of fpl- And no foreign fpirits fhall be impoited, ftronger than iits imp.nea. one to nine over hydrometer proof (except from the fugar plantations) on forfeiture tnercof, with the cafks and package, which may be fcized by any officer of excife or cuftoms. 26 G. 3. c. 73 y. 44. And by 24 G. 3. c. 47./^ 2. If any wine fliali be im- ported or brought into Great Britain, in any fh'p, vefTel, or boat of lefs burchcn than 6f> tons, the fame fhall be forfeited, together with the cafks and package, and alio fuch veflel with her tackle and furniture, f. 17. 15. Where the officers of cufloms or excife fhall find on board of any fhip coming from foreign parts, wkhin the limits of any port of this kijigdom, more than one hundred pounds weight of tea (not being an Eair India fhip), or more than a hundred gallons of foreign brandv or other foreign fpirituous liquors (over and above two ■ gallons for every feaman) and being in cafks under 60 gallons ; the mafler, or other perfon having charge of the (hip, fhall forfeit 300 1. And the faid officers or their afTiftanrs, m-iy arreft fuch mafter or other perfon, and carry him before a juftice refiding near; who fhall before the juflicc enter into a recognizance of 30c 1, [with one fufficient furety, 26 G. 3. c. 77. f. 9. J to appear in the court of exchequer withm the firfl four days of the next term, to any information that may be exhibited againft him : And the jull:ic° fhall tranfmit the recognizance to the king's remembrancer in the faid court. And if fuch perfon fhall rcfule to enter into fuch recogni- zance, the juflice fhall commit him to the next county gaol till he fhall enter into fuch recognizance. 19 G\ 3. c. 69. / 7. And by the 21 G^- 3< c. jg. If the mafter fhall conceal, or fuffer to be concealed by his mate or feamen, any quantity of f reign fpirituous liquors above two gallons for each feaman, or tea above fix pounds, or coffee above nineteen pounds ; or clandeftinely import, or fufFer to be imported, any fuch foreign fpirituous liquors, or any other uncuftomed goods whatfoever, whereby the owner becomes liable €%tiit anfi cttftomg. I E liable to any penalties, or the veflel is liable to be forfeited : the mafter ihall not only forfeit to the owner all his wages, but alfo treble value of fuch fpirituous liquors, tea, coffee, or other uncuftomed goods, over and above the penalties to which the mafter (hall be, liable by any law now in force; to be recovered of fuch mafter by the owner, to his own ufe. And if the mates or feamen fhall conceal or import any of the faid goods, above the quantities fo allowed as afore- laid ; they fhall forfeit to t!ie owner their wages, and alfo los for every gallon of fpirituous liquor, and for every pound of tea or coffee : And if it be in time of war, the owner may fend them for three years to ferve on board any of his niajefty's fhips ; unlefs they be old, difabled, or otherwife unfit. If it is in time of peace, and they fliall not pay, and alfo if fuch perfon difabled fiiall not pay, on conviiifion, one juftice may commit them to gaol, for three months, or not lefs than fix weeks. Provided, that the juflices may mitigate the , penalties under this a6t, foas not to remit above one moiety. And a printed copy of this acl fliail be put up and con- tinued on fonie confpicuous part of every Rritifh trading velTel J on pain of the mafter forfeiting to the owner i s a day for every. omifHon, to be recovered by warrant under the hand and feal of one or more jufticcs. [But no power is given to levy the fame by diftrefs.J i6. On oath made before a juftice of the peace, that any perfons lurking perfon is lurking within five miles of the fea coaft or any within five miles navigable river, and there is reafon to fufpc<5lthat he waits "'^^^s^'*'** wiih intent to be aiding in running goods, the juiHce may grant his warrant to bring him before him ; and if he fhaJl not give a fatisfaftory account of himfelf and his employment, or otherwife make it appear thst he is not concerned in any clandeftine or unlawful bufinefs, he fnall be committed to the houfe of corredlion, to be whipt and kept to hard labour not exceeding one month : And the commiflioners of the cuftonrss or excife fhall caufe to be paid to the informer a reward of 20 s for each offender. 9G,2. r. 35. / 18. But if fuch perfon (hall defire time for clearing himfelf, he fhall not be punifhed by whipping or other correilion, but committed to the common gaol till he fliall fo do, or till he find fecurity not to be guilty of anv the faid ofiences. / 19. 17. If any perfon fhall knowingly receive or buy any Buying or recei- run goods i he fhall on conviction (after fummons) by ^""^e "^"n S''^'l«' confeflion. 1 2 (Bxtik arts cuUcjm. confefllon, or oath of one witnefs, before one juftice wher& the offence {lull be committed or the offender fliall be found, forfeit 20), half to the informer, and half to the poor, bydiftrefs; for v/ant of diftrefs, to be committed to prifon for three months. 8 G. c. 18. / 10. 18. Ahd by the 11 G. f . 30. If any perfon fhallharbour, ^oTd?.*^'"^'^''" keep, or conceal, or fuffer to be harboured, kept, or con- cealed, any prohibited or run goods liable to pay cuffoms ; he fhall (v/hether he claim any property in them or not) forfeit the fame, and treble value, to be recovered and mitigated as by the laws of excife, or in the courts at JVeJimrnfte7\ half to. the king, and half to him that fliall fue. / 16. C.Teringtofale IQ. And if any perfon fliall off*er to fale any prohibited 4ttn joods. goods, or which have been, or are by him pretended to have been run ; the fame, together with the package fiiall be forfeited, and be feized by the party to whom they arc offered to fale, or by any officer of the cuftoms or excife. Provided that if the feizure is within the bills of mortality, then within 24 hours, if elfewhere within 48 hours, they be put into the king's warehoufe near the place of feizure, and if it- be far from any fuch warehoufe, then in fome excife office near. i\ G. c. 30. f. 18. And the perfon offering them to fale, fliall alfo forfeit treble value. /* ig. And the faid goods, if fold, may be feized (with the package) from the buyer, either by the feller or any fuch officer. J. 20. And the buyer fliall alfo forfeit treble value. But both buyer and feller fliall not be profccuted for the fame goods, but whether of them fliall firft profecute the other fliall be difcharged ; but if profecution Ihall not be commenced in a month, the warehoufekeeper may profecute. /. 21. Which faid forfeitures fhall be recovered and mitigated as by the laws of excife, or in the courts at IVeJhn'injler \ half to the king, and half to him that fliall fue. /. 39. Porter cmving 2C>. All porters, and others, knowingly carrying run or »Bn gGods. prohibited goods, and who fhall be convicted thereof (on appearance or default) on the oath of one witnefs, or con- feffion, before onejultice where the offence fhall be com- mitted, or the offender found, fliall forfeit treble value, half to the informer, and half to the poor, to be levied by diftrefs by warrant of fuch juftice, and for want of diftrefs to be committed to the houfe of corre*5lion, to be whipt and kept to hard labour not exceeding three months. 9G. 2. c, 35./. 21. 21. B/ -rfff^lK'-' ^^'•^. €xtiU tint tnttoT.s, 13 21. By the 8 G. c. 18. Pcrfons pafTing with foreign Perfons armed goods landed without entry, within 20 miles of the coaft, if oi- dlfguifcd car, they be more than five in number, or armed^ or difguifed, '>'"»• ^"''S'*'* ** or who fhail forcibly refift the officers of the cuftonis or cxcife in feizing run goods, fhall be guilty of felony, and tranfported for (even years, f. 6. But if any offender fiiall in two months after his offence and before conviclion, difcover his accomplices, fo as two or more be convicled i he fliall have a reward of 40!, if the value of the run goods exceed 50 1, and fliall be ac- quitted, f. 7. And any other perfon difcovering any one offender, \n three months, fo as he be convidted, fliall have in like manner 40 1, over and above Vn'hathc may be intitlcd to oil account of the faid run goods. J. 8. By the 9 G. 2. c. 35. Pcrfons being two or more in company, who fhall be found paiTmg within five miles from the coaft, or from any navia:able river, with one or morehorfes, or with any cart or carriage, whereon there fliall be laden more than fix pounds of tea, or fpirituous liquors exceeding five gallons, not having paid the duties, and not having a permit, or any other foreign goods of above 30! value, landed without entry and payment of duties, and fhall carry anyoffenfive arms, or wear any difguife, or fhall forcibly obftruil, or rtTifl any officer of the cuitoms or ex- cife in feizing or fecuring any prohibited, uncuffomed, or run goods, or other execution of their office, fhali be deemed runners of foreign goods, within the meaning of the faid a(5t of 8 G. f. 18. altho' no proof fhall be made that fuch goods were run, or had not been entred and paid du.\ ; but the proof of fuch entry and payment, and how they came by the goods, fliall lie on iuch per- fons ; and every perfon convi6led of any fuch offence, (hall be guilty of felony, and tranfported for fevcn years. And all the goods fo found, weapons, horfes, cattle, carriages, and their furniture, chefls, bags, calks, and other package ihall be forfeited. / 14. And if any ofHcer or other perfon ihall lofe any limb, or be otherwife maimed or dangeroufly wounded by any offender laft mentioned, or in endeavouring to apprehend him, he ihall on the conviction of fuch offender have a rev/ard of 50I, over and above any other reward he may be intitled to by this acl. /• !$* And if any perfon be killed in endeavouring to appre- hend fuch ouender, his executois or adminiftrators (on certificat* 14 €xtUt anhtiiQoms, certificate under hand and feal of the judge of affize for the county where the fadl was done, or of the two next -juftices of the peace, of fuch perfon being fo killed) fhall have 50 1, over and above any other reward they may be intitled toby this acl. / 15. And if any perfon Ihall, in three months after fuch laft mentioned ofFence committed, difcover to the commif' fioners of the cuftoms or excife, any offender fo as he be convicted ; he fhall have 50 1, over and above any other reward he maybe intitled to by any lav/, f. i6> And the commiflioners of the cuftoms or excife fhall caufe the rewards to be paid out of the faid revenues, on producing a certificate under the hand of the judge certi- fying the conviciion, or on producing fuch certificate of the perfon being killed : and if any diipute fhall arife be- tween the perfons intitled to the reward, the fame fliall be adjudged by the commiffioners. f. 17. And by the 19 G. 3. c. 69. If any perfons to the number of two or more, fhall be found pafTmg with any horfe, cart, or carriage, whereon fhall be laden more than fix pounds weight of tea, or foreign fpirituous li- quors exceeding five gallons, not having paid the duty, and nothavii>g a permit; and fhall carry any offenfive arms, or wear any difguife, when pafTing with fuch tea or fpirituous liquors : any officer of the cuftoms or excife, and all other perfons acting in their aid, may arreft the offenders, and carry them before a juftice, who (if he fees caufe) fhall commit them to the next county gaol, till the next generial quarter feiiions. And in fuch cafe, the of- ficer who conveys any fuch offender before the juftice fhall enter into recognizance in 40 1, to appear and pro- fecute. And the commiinoners fhall order the charges of profecution to be paid by the receiver general of the cuftoms or excife refpedtively. And the jullices, at fuch feiifions, (hall hear and determine the offence. And if the offender be convicted, they fliall, in lieu of any other punifliment by any former ztty commit him to hard labour in the houfe of corre6tion, not exceeding three years, nor* lefs than one. f.g 15. Apprehending 22. And upoo information on oath before a juftice of riiii>usimug- the peace, that any perfons to the number of three or * *'"' more, are or have been affembled, to be aiding in the clan- deftine running, landing, or carrying away prohibited and uncuftomed goods, or to refcue them after feizure, and armed with fire arms or other oft'enfive weapons ; he fliall grant his warrant to the conftables and other peace officers, requiring them to take to their afHftance as many as may be extift and cuRoms. 15 he thought nccefTary for apprehending fuch perfons : and he may, if on examination he find caufe, commit them to the next county gaol, there to remain without bail or mainprize, until they be difcharged by due courfe of Juw : and fuch perl'pns, on convi£tion of their being af- fcmbled and armed as aforefaid, fhall be adjudged guilty of felony, and tranfported for feven years. 9 G. 2. <:. 35. /. 10. And the apprehendcr for every perfon convifled fliall have a reward of 50 1, immediately after conviction and demand made, tendring a certificate under the hand of the judge, certifying the convi(SI:ion,' and that he v/as taken ' by the perfon claiming the reward. J. 11. And if any perfon fliall lofe a limb, be maimed or dan- geroufly wounded, in apprehending or endeavouring to apprehend, or purfuing fuch ofi'ender ; he ftiali on fuch conviction have a reward of 30 1, over and above any other reward that he (liall be inrit'ed to by this a6t. J. 11, And if any perfon fliall be killed in taking, or endea- vouring to take fuch offender ; his executors or admini- flrators (on certificate under the hand and feal of the judge of afiize of the county where the fa£t was done, or of the two next jufticcs of the peace, of fuch perfon being fo killed) {hall have a reward of 50 I, over and above any other reward they may be intitled to by this a6t. f. 11. And if any offender fliall in three months after his offence, and before his conviction, difcover two or more accomplices, to the commiuioners of the cuftoms or excife, fo as to be convicted ; he fliall have 50 1, for every perfon fo conviifted, and be difcharged of his offence. The faid rewards to be paid as in the lafl: fe£tion. 23. By the 19 G. 1. c. 34. If any perfons, to the Outlawed fmug. number of three or more, armed with fire arms or other s'^"' offenfive weapons, fliall be aflembled in order to affift in the exportation of goods prohibited to be exported, or in running any prohibited or uncuftomed goods, or goods liable to pay duties which have not been paid, or in re- landing goods after drawback, or in refcuing the fame after feizure, or in refcuing any perfon apprehended for any offence made felony by any act relating to the cuftoms or excife, or in preventing his being apprehend- ed ; or if any perfon fliall have his face blacked, or wear any difguife, when pulling with fuch goods j or fliall forcibly hinder or affaulc any officer in the ftizing fuch goods, or dangerojfly wound any officer attempting to go on board any veffel, or flioot at or wound him when • on i5 Cjcife anh tu0omg. on board ; he (hall be guilty of felony without benefit of And pei funs charged with any the faid offences , before a juftice of the peace, by inforration on oath of one or more credible perfons to be fubfcribed by him or them, the juftice fball forthwith certify the fame under his hand and feal, and return the information to one of the fecretaries of ftate, v/ho ftiall lay the fame before the king in coun- cil ; \j'ho may thereon make his order, commanding the offender to furrender in 40 days after the firft publica- tion thereof in the gazette, to the lord chief juftice, or any oiher of the juftices of the king's bench, or to fome juftice of the peace, who thereon fhall commit him to gaol, to anfwer the charge againft him according to due courfe of law: Which order the clerks of the privy coun- cil ihall caufe to be forthwith publifhed in the two fuc- celiive gazettes, and to be tranfmitted to the (herift^ where the oft'ence was committed; who (hall in 14 davs caufe the fame to be proclaimed between ten in the morning and two in the afternoon, in the market places, on the market days of two market towns in the fame county, near the place where the offence was committed; and a copy of the order (hall be affixed on fome publick place in the faid towns: And if fuch offender fhall not furrender purfuant to fuch order, or efcape after furrender, he ftiall be at- tainted of felony without benefit of clergy, f. 2. 24 G. 3. f.47. fejf.l.f. 12. And if any perfon after the time appointed for furren- der, fliall knowingly harbour fuch offender; he fhall, on conviciion within one year, be guilty of felony, and tranf- ported for feven years. 19 G. 2. c. 34. /. 3. 24 G. 3. f.47./# 2./. 13. And every perfon who fhall take, or difcover fo that he may be taken, any perfon fo advertifed and not furren- dring, and caufe him to be brought before a judge of the king's bench, or juftice of the peace for London or iMid- dlefex (who ftiall commit him to Nnvgate)^ fhall receive 500 1, in one month after execution awarded, from the commifHoners of the cuftoms or excife refpeJtu and Mr. Barlow are of opinion, that where there are fome goods, but not fufficient for fatisfying the judgment, yet thofe goods maj be applied for that purpofe fo far as they (hall extend, and the defendant fhall be imprifoned for the reJidue; which may feem hard fometimes, when the defendant fhall per- haps fatisfy. nearly the whole fum, and moreover be impri- foned as much as if he had paid nothing ; and it hath been adjudged in other cafes, that a man fhall not firft pay part, and then be imprifoned for the refidue, but fhall either pay the whole, or be imprifoned for the whole : but perhaps the diftinction may be this ; where there is a li- mited time of imprifonment, as for inftance, three months, there the defendant fhall not pay part, and then be im- prifoned the whole three months, which would be to punifli him both ways ; but where the imprifonment is till the penalty fliall be paid, there the payment of the pe- nalty is the thing chiefly regarded, and the imprifonment is not intended as a punifhment, but as a mean to compel the payment of the penalty, and if part of it is paid al- ready, the enlargement may come the fooner, by pay- ment of the refidue. hnprifon the party till fatisfaSli'^n he made] But before any warrant can be made to arreft and impriion the perfon of the defendant, there muft be firft a warrant to fcize the utenfils in cuftody of fuch offender, and the offender's goods ; and that warrant muft be returned : all which muft be done, before anv warrant can be regularly made, to ar- reft and imprifon the defendant's perfon. Which method ought to be obferved, tbo' perhaps it may be well known by, or fufficiently proved before the juftices, that all the utenfils and all the defendant's goods are carried off; for the lav.' beina: in all cafes very tender of depriving men of their liberty, it is neceffary that all poflible means fhould be ufed to levy the money on fuch goods, before the per- fon of the defendant be imprifoned. But if a warrant to feize the utenfils and the goods, be made and delivered to an officer to be executed; and if fuch officer, having made diligent fearch, cannot find any fuch, then a warrant may be made to arreft and imprifon the perfon of the defendant. But then there ought to be a duplicate made of fuch war- rant j becaufe the keeper of the prifon cannot regularly receive C]CC(rt'iri general. 2q receive the ofFender without & warrant, and the officer, ought alfo to have and keep a warrant for his own jufti- fication. Shaw. Eye. 11. By the 7 y 8 IV. c. 30. The commi/Tioners and Summoning juftices may fummon witneire?, to appear before them at a wltnefics. certain day, time, and place, ito be infertcd in fuch fum- mons, and to give evidence ; and in cafe of riegledi or re- fufal to appear, or if upon appearance any fhall refufe to give evidence, he fhall forfeit 10/. /. 24. And a fummons left at the houfe or ufual place of re- fidence, or with the wife-, child or menial fervant of the perfon accufed, fliall be as efFe(5^ual, as if delivered to the perfon himfelf. 32 G. 2. c. 17./. i. And in all cafss relating to the excife, or to any of the duties under the management of the comminioners of ex- cife (except where particular provifions are made for fum- moning offenders, or for condemning of feizures made from perfons unknown) ; the leaving fuch fummons at the houfe, vvork-houfe, fhop, cellar, vault, or ufual place of refidence of fuch perfon, directed to him by his right or afllimed narne, fhall be as effectual as if delivered to him in perfon, and as if directed to him by his proper name, f. 2. 12. If upon trial, anyquertion fliall arife, concerning OfTiceron trial the keeping of any office of excife, or concerning any per- neeunotpioduce foa s being an of-hcer ; proor fhall be admitted of the adual keeping of fuch office, or of fuch perfon's actually exer- cifjng fuch office, without proving or producing the com- miffion. 6 G, c. 7.1. f. 2.^. 11 C?. f. 30.^. 32. 13. By 6 G. c. 21. f. 41. and 12 G. c. 28./ 8. If on Proof to lie on trial any difpute fhall arife, whether the excife or other ^''" °''"^'^* inland duties fhall have been paid for any foreign goods feized ; the proof fhall lie on the owner, and not on the officer. And by the 23 G. 3. c. 70. f. 35. If any goods liable to duties of excife or inland duties fliall be feized, or if any action fhall be brought by the owner or claimer of any fuch goods againlt any officer of excife or his affifl- ant ; proof of payment of the duties fhall lie upon the owner or claimer, and not on the perfon who feized the fame, or againfl whom the adtion fhall be brought. E. l^ G. 3; Salomon and Gordon. Trefpafs for taking four boxes of plate glaTs ; and, on Not Guilty pleaded, the caufe came on to trial at Guild-hall before Black/lone jufliee at the fittings after Hilary term. It appeared in evidence, that the goods were feized in the open ftreets of .London^ from the plaintiff's porter, who was carrying them from a vvarehoufe, where they had laid three months, unto the plaintiff's houfe ; in the paffage to which, they 2 did 30 CjCClT^ i^^ general. ^id not go near the water fide : That the defendants were cuftom houfe officers, and feized the goods about nine of the clock in the evening, under a fufpicion of their not having paid the duties. The defendants admitted thefe fafts ; butinfifted, that under the ftatutes the onus probmidi that thefe goods had paid duty lay upon the plaintiff; in default of which, the feizure was juftifiable. The judii;e was of a different opinion, and thought the defendant, in an a£t!on of trefpafs, muft fhew the goods were forfeited : And the plaintiff recovered a verdict. It was moved for a new trial, and urged, that the provifions in the ftatutes extended to all cafes, as well actions as profecutions. On the other hand, it Vv'as infifted, that they related, not to actions of trefpafs, but only to profecutions in the ex- chequer. And ^f that opinion was the court. If it were otherwife, a cuftom houfe officer might enter into any man's houfe (within the year allowed in fuch cafes), and feize any foreign goods, books, lilks, laces, or any thing liable to thecuftoms, and put the owner upon proof, that the duties have been paid. And the rule for a new trial was difcharged. Black. Rep. 813. AI 18 6". 3. Hcjijhavj and Pleafance. An action of trefpafs was brought againft certain officers of excife, for feizinir a quantity of foap, fuppofed to be irregularly lodged and concealed. Which came to be tried before Blackitone ]\x^\c& at the fittings in Lon.^/sw during the laft Trinity term. It appeared in evidence, that a warrant, grounded on an oath of fut'picion, was granted to the de- fendants by the commiffioners of excife, on the 25th of February 1777, to feize the faid foap : l^hat on the 26tb, upon the return of the feizure, an information was or- dered by the commiffioners againft the plaintiff: That on the 28th, HetiJIniiv brought his action, and fued out procefs againft the defendants ; delivered declaration on the 19th of April ; and, upon the plea of Not Guilty, gave notice of trial on the 25th of April, for the fittings after that term, being the 14th of May. On the icth of May, and not fooner, notice was given to IJenfhaw of the information, with a fummons to attend the hearini^ before the commiffioners on the 13th, when the comm.ffioners wiflied to pottpone giving any opinion till they had con- fidered of the evidence ; but the folicitor of excife prefixed to have it determined immediately, in order, as he cx- preffed it> to get ftart of the aiStion which was to be tried on the morrow: which drove the plaintiff into a con.ent to poftpone the trial of his caufe. And on he i6ih, the commifiibners convided the plaintiff Jii the penalty of 100 1 ;i:Cif^ in general. 31 loo 1 (which they mitigated to 4c s), befides the forfeiture of the foap. And it was itififted on the trial of the caufe, on the lothof June following, firft, that this condernna- tion was conclufive evidence to the jury, and fecondly, if it was not fo, yet that the 077us proba/uii^ that the fuap had paid the dutv, lay on the plaintiff. The judge permitted the condemnation, which was founded principally on the evidence of the defendants (together with other«j, to be read in evidence as a fad, but left it under all its circum- flances to the jury, to confjder what weight it ought to have ; informing them, that this being a condemnation at the board of excife, and not in the exchequer, was not conclufive evidence ; and that in an adtion of trefpafs, the oniii probamli oi the foap's not having paid the duty lay upon the officers who feized it. Upon which the jury found a verdi6l for the plaintiff. It was moved for a new trial, upon this fuppofed mifdiredion of the judge. But by De Grey chief juftice and the other two jullices: The judge's direction was right. It was determined lately in the cafe of Scot and Shearman^ and has been uniformly fo held for above a century, that a condemnation of goods in the exchequer is conclufive evidence againft all the world. Bbt the reafons and authorities relied on in that and all the other cafes extend only to that court, being the king's fupreme court of revenue, and not to the infe- rior jurifdictions of the boards of excife and cuftoms. As to the other point, it was expreisly determined in the cafe of Salamon and Gordon^ and we have no reafon to alter the opinion then given. And the rule for a new trial was difcharged. Black. Rep. 1174. 14. One or morejuUices (hall have pov/er to adminifler Swom valuers, an oath to any perfon {killed in the value of goods, vefiels, or carriages, mentioned to have been feizetl in any infor- mation exhibited be;ore the juftices, to view the fame, and make return of the fpccies, quantity and value ; and after condemnation, the faid goods fliall he fold where the com- miffioners {hall think proper. 12 G. c. 28 f. 16. 15. The jujlices^ cornmljjioncrs, or fubcommijjioners^ re- MItlsation, fpe^ively., where they JJiall Jee cauje^ may mitigate^ compound or lejpn the forfeiture., penalty or fne ; fo ai the fame be vot made lefs than double the value of the duty of excfe which ought to have been paid., befdes the reajonahle cojh and charges of fuch officer Sy or others as we^e employed therein., to he to them allowed by the faid juflices. 12 C. 2. C. 24. i. 46. Alitigate] But it is not neceffary in the mitigation, to mention or diftinguifh io much for the offence, and fo much, 3 2 €XtUt in general. much for the charges; but after the juftlces have agreed what fums to allow for the charges, the beft way will be to add thofe two fums together, and make their mitigation to fuch fum, as both when added together do amount un- to : as fuppofe the juftices do intend, that the defendant fhali pay lol for the offence, and 40 s for the charges, the bell way will be lo make their mitigation to 12 1, v^ithout particularly mentioning that 10 1 thereof is for the offence, and that the 40 s is for the charges ; for in all cafes it is wrongito infert in judgments more words or particulars than are neceffary ; and it is more particularly wrong in thefe cafes, becaufe the mentioning fuch unne- ceffary particulars may give a handle for cavils and dif- putes. Shaiv. Exc. 16. There is no appeal directed in the faid ffatute of 12 C 2. from judgments given by the juftices of the peace; . for whereas it is enacted, in the faid ftatute, that if the partffind h'nnfelf aggrieved by the judginent given by the Juh- com/wjpoie-.s, he may appeal to the next quarter fejjions, thefe words, not being general, or fuch as may be applied equal- ly, as well to the judgments given by the jufiices, as to judgments given by fubcommifiioners, they muff be under- itood as limited and refbrained to fuch judgments only as are given by fubcommiffioners, in whom the parliament (it feems) did not fo intirely confide as in the juftices, but have made the aforementioned dilfindiion between the judg- ment of the one and of the other ; whicli muff be obferved a+id purfued; and therefore, generally, there lies no appeal to the quarter feffions from the judgment given by the juftices, in matters relating to the excife. ithaiv. 'Exc. ISeverthelefs in fome particular inftancc?, fuch power is given by fubfequent ftatutes ; which will be ineritioned under the fpecia! heads in this title hereafter following. By the 1 5 C. 2 f. 1 1. No appeal in any caufe of ex- cife (hall be admitted, till the appellant hath depofited the ilngle duty with the commiiTioners or fubcommiffioners, and given fccurity to the ccmmiffioners of appeal, or juf- tices of the peace, where the caufe is to be finally adjudg- ed, for fuch forfeiture as was adjudged againft him ; and if upon appeal the judgment be reverfed, they fnall reftore the duty fo depofited, or fo much thereof as {hall be ad- judged on the appeal, and the party originally prolecuting ihall pay dojble cofts ; but if the judgment be affirmed the party appealing fl:iall pay the lik.e cofts to the commif- fioners. / 19- And €']Ctitt in general, 33 . And by the Tame fiatute, all differences and appeals about the excife, fhall be heard in the proper county, and not elfewhere. /. 22. And appeals within London, and the limits thereof, (hall be within two months after judgment, and notice given or left at the dwelling houfe of the party ; in all other places, in four months, and not otherwife. f. 26. 17. For preventing vexatious fuits againft the officers Aaiona brought of excife and their affiftants ; if any information or fuit be ^^'J^jj^ '^ commenced and brought to trial, on account of the feizure of any goods, or of any veflel, boat, horfe or other cattle, cart, or carriage, wherein a verdid^ fhall be found for the clairner thereof, and it fliall appear to the judge that there was a probable caufe of feizure, he fhall certify the fame upon the record ; and in fuch cafe the claimant fhall not be intitled to any cofts of fuit, nor fhall the perfon who feized the fame be liable to any action, indiitment, or other fuit or profecution on account of fuch feizure : and if any action, indictment, or profecution fhall be com- menced and brought to trial againft any perfon on account" of fuch feizure, wherein a verdict fliall be given againft the defendant, and the judge fhall certify on the record that there was a probable caufe of feizure, the plaintiff, befides the thing fo feized or the value thereof, fhall not be intitled to above 2d damages, nor to any cofts of fuit, nor fhall the defendant be fined above is. 23 G. 3, c. 70./ 29. And no writ fhall be fued out againft, nor a copy of any procefs ferved upon any officer of excife or his affiftant, for any thing done in the execution of hisofnce, until one. calendar, month's notice in writing fhall have been de- livered to him or left at his ufual place of abode, by the attorney or agent for the party who intends to bring the adtion ; in which notice fhall be clearly and explicitly contained the caufe of action, the name and place of abods of the perfon who is to bring fuch aftion, and the nam^ and place of abode of the faid attorney or agent: and a fee of 20 s, and no more fh:\ll be paid for the preparing and ferving fuch notice, f. 30. And the oiHcer may, at any time within fuch month, tender amends to the party complaining or to his agent or attorney ; and if not accepted, he may plead fuch tender in bar of the action, together with the plea of Not Guihy, and any other plea with leave of the court ; And if upon iffue joined, the jury fhall find the tender to have been fufficient, they fhall give a verdi£l for the defendant j and in fuch cafe, or in cafe the plaintiff" fhall become non- VoL. II. C fiiited. 34- (BXtilt in general. fuited, or difcontinue bis aclion, or judgment (hall be given for the defendant upon demurrer, the defendant fhall be intitled to the like ccfts as if he had pleaded the general iflue only; and if the jury find that no amends or not fufncient were tendred, and alfo againft the defendant on fuch other pleas, they fhall give a verdidl for the plaintiff, and fuch damages as they (hall think proper, with colts of fuit. / 31. And the plaintiff (hall not be permitted to produce any evidence of the caufe of aclion, except fuch as fhall be contained in the notice, f. 32. And if the officer fhall negle£l to tender amends, or fhall have tendred infufScient, before the action brought, he may by leave of the court, at any time before iffue joined, pay into court fuch fum as he fhall fee fit. f. 33. And if an aclion fhc.ll be brought againfl any ofHcer of excife or his aililliant, for any thing done in the execution of his office, it fhall be brought within three months next after the caufe of aclion fnall arife, and not afterwards; and (hall be laid in the proper county; and the defendant may plead the general iffue, and give the fpecial matter in evidence ; and if the plaintiiT fhall be nonfuited, or dif- continue, or if upon a verdict or demurrer judgment fhall be given againfl him, the defendant fhall recover treble cofts. /. 34. Felonies rdatlng 1 8. Offences relating to the excife made felony by any to the excife acl, may be tried in any county; but the attainder fhall trieX '^° * work no corruption of blood, or forfeiture of lands. 19 G. 2. c. 34. /. 5. Alehoufoicee ^9* "^"^ alchoufekeeper harbouring an abfconded per- haruouring of- fon, againft whom a procefs of arrcil hath iffued, for any fenders. offence againft the laws of excife or of the cuftoms, after fix days notice of fuch abfconding in two fucceflive ga- zettes, and writing fixed on the d^orof the parifh church where he lalt dwelt, fhall forfeit icol, and have no li- cence for the future. 9 G. 2. ^- 35- /• 30, 31. Concealing ex- 20. if any perfon fliall conceal, or futJer to be con- cifable goads. cealed, any goods liable to the duties of excife, and in- land duties; he fhall (whether he claims any intereft in them or notj forfeit the fame, and treble value. 1 1 G. c. 30. /. 16. Ufing art to dc- ^^^ '^ ^^V trader fubjecl to the furvey of any officer of cf ive o.Ticcrs in excifc, and who is required to keepjuft fcales and weights; '*.'?^ ,-% , fhall, before, or afier, or in weighing; his ftock, put any other fubltance into the commodity lo to be weighed, whereby fuch officer may be hindered or prevented from taking a juft account thereof; or fhall forcibly obftruJl or binder, dBXtitt in general. 35 hinder, or by any art, device, or contiivance, prevent or impede fuch officer in taking fuch account, he fhall for- feit lool. 26 G. 3. c. 77. / 8. 21. The officers, in their permits for removing ex- Permit for re- , cifablc goods, fhall expiefs as well the time for which they i"""'"^3exc.Qbls fhall be in force for removing fuch goods, as tne time within which they fhall be received into flock by the per- fon to whom they are fent ;• and if not removed v^ithin the time limited (except in cafe of unavoidable accidentj ; or, in default of fuch removing, if the permit fliail not be returned to the, officer who granted the fame j the perfon procuring the permit fhall forfeit treble value of the goods; and, if not received into flock within the time limited, by the perfon to whom they were permitted to be font, they fhall be deemed as goods removed without 9, permit. 21 G. 3. c. 55. f. 27, 28. 22. If on requeft made by any officer of excife, to a Comlable to be conllable to go along with him, and to be prefent at the ai^ift'ns* doing of any thing, at the doing whereof his prefence fhall be neceflary by any flatute, he fhall negleil or refufe or fliall not go along with hifn, and be prefent at the do- ing thereof; he fhall forfeit 20 1. ii G. c.-^o. f. 31. 23. If any perfon fhall oppofe, molefl, hinder, or ob- Obftruaingo/- f!ru6l any officer of excife, in the due execution of the "''• powers gii/cn him by any acSt relating to the duties of ex- cife; he fnall forfeit lol. 6 G. c. 21, f. 7. And atSlions of aflault upon any officer of excife, may be tried in any county. 9 G. 1. c. 35. /. 26. Further penalties for obllru6ting, wounding, or killing officers, in the cafe of run goods, have been inferted be- fore, in treating of the cuftoms. 24. i.^ any officer of the excife or cuftoms fhall deal in Officernottobe coffee, tea, brandy, or other excifable Iquors; he flj^d a^^^a'". be incapable to hold any office in the revenue, and forfeit 50 1. 12 G. c. 28. /. 7. 25. No fvvorn gager, or other officer, fhall take any Officer taking a bribe, for any matter relating to the excife; on pain of ''"''^' 10 1. 15 C 2. f. II. /. 16. And a further penalty upon fuch officer, is infiidled, in ■ divers inftances hereafter mentioned. And by the 1 1 G. r. 30. If any perfon liable to the du- ties of excife, or any oiher duties under the management of the commiffioners of excife, fliall give or ofter to any officer of the faid duties any bribe, gratuity, or reward, in order to induce him to omit his duty, or to do contrary to it ; he fhall forfeit 500 1. /. 40. C 2 26. No 3^ (BXtitt in general. cfficer meddling 26. No colledlor, fupcrvlfor, gager, or other perfon m elections. concerned in charging, collecting, levying, or managing the duties of excife, or any part thereof, fhall by word, meflage, or writing, or in any other manner, endeavour to perfuade any eledlor to give, or difluade any eledtor from giving, his vote for the choice of a member of par- liament; on painofiool, half to the poor, and half to him who fhall fue in the courts at IVeJimvjf.er ; and more- over he fhall be incapable to hold any office of trufl under the king. 5 JF. c. 20. / 48. III. Of the feveral particulars under the manage- ment of the commifTioners of the culloms and excife. Ai] excife duties ^7 ^1 G, 3. c. 13. after loth May 1787. All duties, repealed. allowances, bounties, and drawbacks of excife, or other duties under (he management of the commifTioners of ex- cife, granted by any ad or acts of parliament then in force; and alfo the additional impofls or duties charged upon the producl and amount of the faid duties, fhall ceafe. _ Except in recovering arrears and penalties then incurred : And alio except the duties upon Alalt^t Mum^ Cyder^ and Peny^ granted by 26 ^ 27 G. 3. And the duties payable for Licenfcs granted by the excife officers, f. 35. And in lieu thereof, there fhall be raifed, levied, col- Newuutics. lefted, and paid, upon the feveral goods, wares, and merchandize, and commodities mentioned and defcribed in the fchedule (F) annexed to the faid a£l, the feveral duties of excife fet forth in the faid fchedule, and the fe- veral allowances, bounties, and drawbacks of excife, fhall be made and allowed as defcribed therein : And alfo all other fuch fpecial allowances, as are particularly diredled by any a£l or a6ls of parliament then in force, f. 36. New duties to -^"'^ '^^ ^^^'^ "^w duties, fhall be raifed, levied, col- be recovered in ledted, anfwered, paid, recovered, adjudged, mitigated, *'^*|i""*""^"""and allowed, (except where altered by this act) in the like manner, and by fuch means, ways, and methods as the former duties. And all conditions, regulation?, rules, rcilridions, and forfeitures; and every pain, penalty, fine, or forfeiture of any nature or kind whatfoever, for any offence againfl any acS: of parliament then in force; and the fever-.il claufes, powers and diredlions therein con- tained, (unlefs altered hereby) fliall extend to anri be ap- plied in the execution of this act, in as full and ample manner €xtik. {^ie-, &G.) 37 manner as if the fame were repeated, and re enaftcd in the body of this aft, f. 38. » And in all cafes where duties are impofed or drawbacks allowed by this aft on any fpccifick quantity of goods, the fame fhall apply after the fame rate to any lefs quantity. / 39- It is propofed to arrange the matters relating to the excife under the following heads ; viz, I. Aky heerj cyder, 'perry , mum^ methegUn^ and mead. II. Things fold hy au^ion, III. Bricks and tiles, ' IV. Candles. V. Coaches and coachmakers. , VI. Coffee, tea, chocolate) and cocoa nuts, VIL Glafs. ' VIII. Hops. IX. Leather, • X. Linen cloth ifilksy cottons, and callicoes, XI. Malt, XII. Paper. XIU, Plate. ' . ■ • XIV. Salt. '■.,,, XV, Soap. . ' ' XVI, Spirituous liquors. XVII. Starchy hair powder, andfione blue, XVIIL Sweets. • XIX. Tobacco andfnuff, XX. Vinegar and verjuice. XXL Wine. XXIL Wire. I. Ale, leery cyder, perry, mum, metheglin and mead. Every common breiver ofjirong beer (hall take out a licence Licence for from the officers of excife, for which he fliall pay, if the Jj^;^J"S ''^°"S quantity of beer brewed by him, fhall not exceed within the year ending 5th Jidy, in each year, previous to taking out the licence 1000 barrels, il, los. C 3 w 3^ .,:...: (Ale, he.) £. s. d. If 1000 barrels and under 2000 - 200 2000 - - 5000 - 500 50CO - 7500 - 7 10 o 7500 - 10,000 - 10 o o io,oco - 20,000 - ^000 2'"o,ooo - 30,000 - 30 o o ' 30,000 - 4O5OCO - 40 o o 40,000 or above - - 50 o o And every perfon who fhall, after 5th "July 1784, firft become a common brevier of ftrong beer, (hall previoufly take out a licence as afor^faid, and at the end of every year, Ihail pay fuch further additional duty for fuch li- cence according to the number of barrels fo brewed by him within the preceding year. And if he fhall ncgle(St To be renev/ed to takeout fuch licence, and renew the fame annually, annually. {gj^ ^.^^^ ^j. jg^{|. before thc end of the year, he fliall forfeit 50I. 246". 3. f. 41. /^ 2. y; I, 2, 7. ,. -. And tvcry commcn brewer of fmall or table heer^ not be- brevving fmail ing a common brewer offlrong beer, fhall take out a li- '"^^'' cence, and pay for the fame yearly 1 1. which licence fhall be renewed annually in like manner, on the penalty of lol. id.f, 1,7. Licence for Every maker of /«^i3^ for fale, fhall take out a licence, making mead, for which he fhall pay I 1, and fliall renew the fame an- nually in like manner, on pain of 10 1. id. Perfons In part- But perfons in partnerfhip need only t'ake out one li- ner/hip. cencc for one houfe. id. f. 8. Dutyonbeerand -^"^ by the 27 G. 3. c. i-^. fchedule (F) For every =»lc. barrel of ^^^r or (j/if above 6 s a barrel (excJufive of the duty hereby impofed, and not being ticopenny ale mentioned in the 7th article of the union, nor table beer brewed by common brewers according to the rules provided by 22 G. 3,) which lliall be brewed by any common brewer, or perfon who fliall fell or tap out , , beer on ale publickly or privately, fliall be " ' ' paid by the brewer, - - - 080 And for every barrel of beer or ale of 6 s the barrel or under (exclufive of the duty) brewed as aforefaid - - -014 And for every barrel of beer or ale above 6 s the barrel (exclufive of the duty) and not exceeding us, commonl/ called /.7^/i? beer^ brewed by common brewers according to the faid ad 22 G. 3. fhall be paid by the brewer 030 And CjCCtfe. (Ale, 8cc.) 39 And for every barrel of /tt;ij-/»^n«}' oZ? de- 1. s. d. fcribed In the 7th article of the union, Ihall be paid by the brewer or viftualler - 03 \\\\ Yo^c every barrel of French heer^ ale^ or mum^ imported from France^ fhall be paid by the importer - - -^ - O 8 O For every barrel o( hcer, ale, or Dittm, (other than from France) fliall be paid by the im- porter - - - - - 0173 For every barrel of beer or ale above 6s a Allowance to barrel (exclufive of the duty, except table comm;m brew- beer as aforefaid) brewed by the common ^"* brewer or other perfon, who (liall fell or tap out beer or ale publickly or privately w;//^/;z the bills, fhall be ailov/ed - - 014 For every barrel oi beer ox ale above 6s^a " barrel (exclufive of the duty) not he\ngtwo~ penny ale mentioned in the yth article of the union, nor table beer as aforefaid, brewed elfewhere - - - - -018 And for every barrel of beer or ale of C s the barrel or under (exclufive of the duty) brev.'ed as aforefaid - - 004 For the duties payable on exportation and importation, fee the fchedule annexed to the aa. And by the faid a£l 27 G, 3. c. 13. For Puty on cyiv-r every hogfhead of cycler or perry made and and perry. fold by retail in Great Britain iliall be paid by the retailer a duty of - - 0147 And for every hogftiead of cycler or perry made and fold in Great Britain in quantities of 20 gallons or upwards, by any dealer or retailer from fruit of his own growth, fhall be paid by him - - - - 0611 And for every hogfliead of fuch laft men- tioned cyder ox perry, which fhall be received into the cuflody of any perfon to be fold or difpofed of, fhall be paid by fuch perfon 078 And for every hogfhead of cyder or pei'ry made in Great Britain, and which fliall be fent or configned to any faftor or agent who fliall receive the fame to fell or difpofe of, fhall be paid by fuch factor or agent O 192 And for every ton of cyder or perry im- ported, fliall be paid by the Importer before landing - - - - 17 16 6 C 4 And 40 C ':. (Ale, &c.) And by the annual malt adl, 4s more ftiall be paid for every hogfhead of cyder or perry made in Great Britain^ and fold -by retail, to be paid by the firft buyer, beiag a dealer or retailer. Perfons taking ^7 ^ G. 3. f. 14. Every faaor or agent, taking any cyder or perry cydcr or perrv into his pofTefiion, fliall, three days before into theirpof- ^e fliall beein to difpofe of the fame, make entry in writing- I€irions. , /" r T ex.- 11 1 at the next ofnce or cxcile, of his nsme, at the place vvnere the cyder or perry is to be kept : And if he fnall make ufe of any w^arehoufe or other place, without having made fuch entry ; he Ihall forfeit 50!. And every fuch fa£lor or agent fliall be liable to all the regulations, which any dealer in or retailer of cydcr and perry is liable to by this or any other a£l now in force, for managing the duties on cyder and perry, f. 9. Dealers and re- And every perfon who (hall .buy any cyder or perry, tailers of cydcr or any fruit to make into cyder or perry, and fliall fell anJ perry. any cyder or perry fo bought or made, by the hogfhead or any greater or lefTer meafure ; or fliall fell any cyder or perry in lefs quantity than 20 gallons at a time, whether the fame be made from fruit of his own growth or from bought fruit; Ihall be deemed a dealer in and retailer of cyder or perry, f. 11. And every fuch dealer in and retailer of cyder or perry made from fruit of his own growth, fhall be liable to all the regulations which any dealer in or retailer of cyder or perry is liable toby this or any other aft now in force for managing the duties on cyder or perry, f. 13. And to prevent frauds being committed by dealers and retailers, or factors and agents, in ordering quantities to be removed immediately from the maker to the perfons to whom they are configned by fuch dealers and retailers, fadtors and agents, without coming into the pofleiTion of fuch dealers, retailers, factors, or agents, whereby the duties are prevented from being charged ; it is enadlcJ, that if any fuch dealer or retailer, faftor or agent, fhall caufe fuch cyder or perry fo to be removed from the maker to the perfon contracting for the i^me, without the duties hav'ng been firft charged, and without a certificate from the officer of cxcife (which he fhall give without fee) flgnifying the quantity, or number of cafks or other package, and that the duties have been charged, he fhall forfeit 50 1. /. 15. Provided alv/ays, that the faid duties fliall le drawn back on diftil'.ation into low wines and fpirits : And if furh cyder or perry, having paid the duties, fhall after- vards, by being unfit for fale as cyder or perry, be charged with the duties oa vinegar; three commifhoners of ^^^l^^t^i^-v?.^ (Ale, 6cc.) 41 cf cxclfe, or two judiccs, on proof thereof, fnall dlfcharge the duties thereon ii-npofed by this a£l. /. i6. And every dealer in and retailer of cyder m^Aperry^ and Places to fee other perfon receiving into his cuftody either of them for ^""^^' fale, and evcrv pcrfon who fhall buy any fruit to make into cyder or perry for fale, fliall make entry of his ftore- houfes, cellars, and other places, at the excife oiBce with- in the diiiricSt j on pain of 50 1. i G. 3. c. 3. y^ 21. By the 15 C. 2. -f. II. No common brewer, inn- Nodes and en- keeper, vidtualler, or other retailer of beer or ale, fhall "^'y ^/p'^'^^^^'f ^u . r ii • ■ u- i ^i ..re r -r brewing beer or Without nrii giving notice at the next office ot excise, or 10 ai^. the coinmiluoncrs or fubcommiinoners, or one of them, cre6t, alter, or enlarge, any tun, fat, back, cooier, or copper, and make ufe thereof for brewing or making any beer, ale, or worts ; on pain of 50/. And every other perfon, in whofe occupation any houfe, outhoufe, or other place fhall be, where any fuch private tun, fat, back, cooler, copper fhall be found, fhall alfo forfeit 50/. And the fame together with all beer, ale, or worts therein, fhall be taken up, feized, and forfeited. J. i. And by the 5 G, 3. c. 43. If any common brewer fliall fl//^r the pofition of any tun, batch, float, cooler, or cop- per, after the fame hath been fet up and fixed, without iirft giving notice thereof in writing to the oflicerj or lliall place any boards, flone, wood, or any other mate- rials at the dipping place; or fliall by any other means prevent or hinder the gager from taking true dips and ga- ges of beer, ale, or worts ; he fhall forfeit 20 1. f. 25. And the officer of excfe in the day time, and in the prefence of a conflable, where he fhall have jufl: fufpi- cion, that any private back, tun or other concealed vefiel or receptacle are ufed by any brewer, maker, or retailer of e:!jc!fable liquors, on requefl firfl made, and caufe de- clared, may break open the door, or any part of his .brewhoufe, warehoufe, or other room in his pofTe/lion, and enter, and break up the ground in fuch houfe or room, or ground near adjoining in his pofi'eiTion, to fearch for fuch back, tun, or other veflel, or any pipe or con- ' veyance leading thereto j and if he finds any private pipe or other conveyance, he may fearch and follow the fame, and if it inall lead into any ground, houfe, or place in the poiTeiiion cf any other perfon, on like requcll:, and wiui a conUable, he may enter the fame, and break open the ground, or any part of the houfe if occafion fhall be, to follow fuch private pipe, in order to find out fuch con- cealed back, tun, or veflel, making good the ground or houfe ib broken up, or giving reafon bis fatisfa6tion to the 42 C, C ^ fy^Iey &c.) the owner : And if any perfon fliall oppofe fuch officer, he fhall forfeit 20 1. 7 6" 8 IV. c. 30. / 27. Prv'te pipes. ^° common brewer (hall keep any pipe or ftop-cock underground, or any other private conveyance, by which any beer, ale, or worts may be conveyed from one tun or brewing veflel to another, or into any other place, nor fhall have any hole in any tun, batch, or float, by which any beer, ale, or worts may be conveyed into or out of the fame ; on pain of lool. 8^9 IV. c. i<^. f. 4. And the cxcife officer in the day time, and in prefence of a conftable, on requeft made, and caufe declared, may break up the ground in any common brewhoufe, or the ground near adjoining, or any wall, partition, or other place, to fearch for any fuch private pipe, or other con- veyance, and on finding may follow the fame, and break up the ground, houfe, wall, partition, or other place, thio' or into which the fame fhall lead, and break up or cut fuch pipe or other conveyance, and may turn any cock to tt) vvhether it can convey asaforefaid. f. 5. And i; ; n fearch no fuch pipe or other private convey- ance fliall be found, the officer fnall make good the g/'ound, wall, or other place fo broken up, or make fa- tisfadlion to the ov/ner : And if any perfon fhall oppofe fuch officer, he fhall forfeit 50 1. /. 6. Bur any common brewer may ufe any pipes, flop-cocks, or other conveyances above ground, which are publick and in open view, for letting his worts out of his copper into his publick backs or coolers ; and out of the fame into his tuns, batches, or floats ; or out of the tun into his cafk. / 7. Private cellar. No common brewer, innkeeper, victualler, or other retailer of beer or ale, (hall ufe or keep any private flore- houfe, cellar, or other place for laying of any beer or ale, or worts, in cafk ; on pain of 50 1 : and every other per- fon in whofe occupation any fuch place fhall be, fhall alio forfeit 50 1. 1*5 6'. 2. c.ii.f.i, i ^V.JI. 1. c. 24./ II. Pnvritepeifon it" any perfon inhabiting in a market town, city, or fuft'ering liquors fown Corporate, or parts adjoining to a city or town cor- hhhoiiic!'^ '" porate, where there is a common brewhoufe, having and lawfully ufmg any private brewing vefTels for making beer or ale to be confumed in his own private family, (hall permit any beer, ale, or worts to be brewed in his houfe, or otlitr place thereunto adjoining, other than for his own family, fervants, labourers, or to others by way of charity, hofpitality, or free gift; or fhall lend out any of his brewmg vefi'els, other than which are 2 move- €]CtiU, [Ale, &c.) 43 moveable and unfixt, he fiiall forfeit 50 1. 22^ 23 C. 2. c. 5. /. 10. The gager fliall at all limes, as well by night as by day Gnger to enter (and if by night, then in prefence of a conftable) be per- ^'^'^ ^^ke ac- mitted upon his rcquefl: to enter the brewhoufe, and all other houles and places belonging to or ufed by anyperfoi\ brewing of beer, pr by any retailer of beer, ale, wort,\ perry, cyder, or metheglin ;' and to gage all coppers, fats, and veffels in the ^ame ; and to take an account of all fuch liquors brewed or made therein j and thereof fhall make return in writing to the commiffioners, leaving a true copy of. fuch return under his hand with fuch brewer, maker, or retailer j which return fhall be a charge upon fuch brewers, makers, or, retailers, 12 C". 2. c. 24. f. 33. And if any brewer (liall bribe the gager to make a falfc return, he fliall forfeit 10 1; and the officer taking the bribe fliall alfo forfeit lol. 15 C 2. c. \i, f. 16. And if any fuch common brew^er, maker, or retailer fhall refufe to permit fuch gager to enter his brewhoufe or other place aforefaid, or to gage or take account of his veflels or liquor aforefuid, he iliall be forthwith forbidden by the gager to fell, carry out, or deliver to any of his cuftomers,' any beer, ale, or other the liquors aforefaid ; and ifhelhall after fuch v/arning given, fell, carry, or deliver out the fame, or any part thereof, not having paid the duty of excife, he fhall befides the forfeiture of double value, forfeit alfo the fum of 10 1. 12 C 2. c. 24. / 33- And by the y Iff ^ TV. c, 30. IfanycomrHon brewer, innkeeper or vidlualler, fhall on requeft or demand made by the gager in the day time, or in the night in prefence of a conftable, refufe to permit him to come into his houfe, brewhoufe, or other place ufed by him ; or being entred, fliall refufe him to flay in the brewhoufe, whilit his guile is brewing, and quietly gage and take an ac- count of the feveral worts as they are brewed off, and let into his backs and tuns, and to fee their flrong and fmall drink cleanfed and carried out without mij^ture, and to take an account of the goods in the mefli tun, or the quantity of malt from which fuch worts are made ; he fliall forfeit 20 1, and the profecutor fhall not be obliged to prove that the party carried out any part of fuch guile before he paid the duties, f, 22. And by the faid adl:, if any maker of cyder, metheglin. Concealing cy- or mead for fale, fhall conceal any cyder, metheglin, or d", metheglin, mead, from the view of the gager, ihe Iljall forfeit for ^"^ '""''' 44 ' CjTtife. (^ley &cj every hogfhead of cyder 40 s, and for every gallon ©f methegiin or mead 5 s. f. ib. And if any rnakcr or retailer of the liquors aforefaid, fhall on requeft or demand made by the gager in the day time, or if by night in the prefence of a conftable, refufe to permit him to enter his houfe, ftorehoufe, or other place tifed by him, and to take account of the faid liquors 3 be fliall forfeit 15 1. / 17. And by the 6 G. 3. c. 14. If any perfon fhall obftru(St the excife officer in execu ion of the powers of that a£l, in relation to the duties on cyder and perry; he fhall for- feit 40 1. / 17- Indifferent ga- -^s often as there fhall be occafion, two able artif^s' gers may be fhall be appointed, one of them by the commiffioners or fworn. fubcommiflioners, and the other by the brewers of any city or place; v/ho fhall be fworn before a juftice, to take and compute thejuft contents and gage of all cop- pers, fats, tuns, backs, and coolers, and all -other brew- ing vefl'els of that nature, Und to deliver under their hands one copy of the contents to the commiffioners and fubcommiifioners, and another to each refpecStive brewer. 15 C. 2. c. ij.f. 7. B ewertodeciare -Every common brewer who fhall make any guile how much he in- of bccr or ale, fhall declare to the gager, how much teiidsto make, ftrong beer or ale he intejids to make of fuch guile, and how much fmall, before any part of the guile is cleanfed or removed out of his tuns; and if fuch brewer or his fervants fhall refufe to make fuch declaration, the gager (hall return the whole as flrong, and the brewer fhall alfo forfeit for every barrel in fuch guile 20 s. And if fuch brewer or his fervants after fuch declaration fhall make any increafe of the firong beer or ale, or if the ga- ger fhall find any beer, ale, or worts of the fame guile laid oflF, over and above the quantity fo declared ; he fhall forfeit for every barrel fo increafed, laid off, or found ©ver and above fuch quantity 5 1, and the fervant aflifling therein 20s, and in default of payment be imprifoned three months : And if on an information againfl the brewer for the faid penalties, it appear by his evidence, that the flrong beer or ale fo declared, was increafed by adding to or mixing with it any beer or ale that was left in tl'.e brewhoufe of a former guile, he fhall neverthelcfs incur the penalties, except it be alfo proved upon oath that the flrong beer or ale fo added to fuch guile, was added in the fight and view of the gager. b ^" 9 /^. £. 19. /. 2. 4 And €;ccife. (^u, &c.) 45 And whereas many brewers, having ftrong beer or '^^'^•"g'J'^'nkof ale remaining in the brewhoufe from the time it ^vas ? *^°'^'"'^*^*" brewed, until the next guile or brewing, the quality of '"^' which they frequently alter by mixing with the fame new fmall beer, or old returned drink, and then add the beer and ale fo altered to the next guile ; if it fliall appear to the gager that the quality of fuch ftrong beer or ale fa remaining in the brewhoufe of a former guile, and added to a guile of new drink, hath been fo altered fmce it was brewed, he fhall return all fuch beer and ale fo altered and added to a guile of new drink, as if the fame were then originally brewed, and had never been charged before, 8 y 9/r. f. 19./ 3. If any common brewer, innkeeper, or viftualler, fhall Removingdnnk cleanfe or remove out of his brewhoufe any part of his !'^^°"^''^^^"''l"** guile, or brewing of beer, ale, or worts, before the '^ ^^'^'^^ ° ' whole of fuch guile is brewed ofF, and be in his tuns, backs, or coolers, and until the gager fhall or might have taken an account of the fame, without firfl giving notice to the fupervifor or gager, at what time, and how much of fuch guile or brewing he intends to cleanfe or remove, and where he intends to difpofe of the fame ; he fliall for every barrel forfeit 40 s. y i^ S f^. c. 30. f. 21. Where it fhall appear to the gager, that any worts ^^^^^ "^^y are mifling, or not fairly let down into the tun, and the ^H'^s^ for wort^ gager cannot find the fame, he may charge for fo much beer or ale, as fuch v/orts fo mifTing would reafonablv make, i JV.Ji, i. f. 24. /. 6. Gagers may take their gages, and make their returns Cage may be ta- and charges, upon warm worts in the backs, coolers, '^^" '"^'^™ or other vefl'els; and in fuch cafe' make allowance of one tenth part thereof for wafh and wafle; which worts fliall not be afterwards charged, when made into beer or ale. I IV. ft. I. c. 24. / 7. If any common brewer, innkeeper, victualler, or other Mixing fmall • retailer of beer or ale, fhall after an account hath been '^«" with ftrong, taken by the gager, convert any fmall beer or fmall worts into flrong beer or ale, by mingling the fame, and fhall fell, deliver out, or retail the fame, without giving notice to the fame gager, of the quantity fo mingled and converted, or if any fuch brewer or retailer fhall conceal or convey any beer, ale, or worts not gaged, from the fight of the gager, whereby the king may be defrauded of the duty ; he fhall forfeit 20 s a barrel. 15C 2. c. 11. / 12. I W.fejf.i. c.ii,. f. II. And by the 2 G. 3. c. 14, If any common or other brewer, innkeeper, victualler, or retailer of beer or ale, fhall mix, or caufe or fuffer to be mixed, in any vefTel, tub, 46 €xtik. (Ak, 8cc.) Time of deliver ing oui. tub, meafure, or otherwife however, any ftrong beer, ale, or flrong worts, with any fmall beer or fmall worts or with water, after the gage fhall have been taken j he fhall forfeit 50I. /. 2. No common brewer fhall fell, deliver, or carry out anybeer or ale to any of his cuftomers, either in whole cafk or by the gallon, in any city or market town, be- fore notice given to an ofHcer of excife, but between three '\\\ the morning and nine in the evening from Mar, 25, to ^ept. 29 ; and between five in the morning and feven in the evenieg between Sept. 29) and Mar. 25 j on pain of 20 s a barrel, j ^ C. 2. c. 11. /. u . Mixing after de- If any common brewer, or innkeeper, fhall on car- livered out. Tying cut his drink, or after it is carried out, mix any fmall beer or fmall worts, with any ftrong beer or ale on his dray, or in any viilualler's cellar, or other place; he fhall forfeit 5I: and the gager may tatle the drink upon the dray, and alfo upon requeft may enter the cellar or other room in the polTefrion of any innkeeper or victualler that fliall receive any drink from a common brewer, and tafle the drink in the fame; and if the innkeeper or victualler (hall refufe him to enter into bis cellar or other rooms, or to tafte the drink in the fame, he fhall forfeit 5 1. 7 ^S* 8 IK c. 30. / 23. Mixing by tlie No retailer of beer or ale, fhall after the receipt there- retaiier. of from the common brewer, mix any beer, ale, or worts of extraordinary flrength, with any fmall beer, ale, or worts, in any velTcl containing three gallons or more ; on pain to forfeit for every barrel fo mixt, double the duty of excife for ftrong beer or ale, and fo proportionably for any greater quantity. 22 ^ 23 C 2. c. ^. f 11. Meafure and al- -^'^^ ^^f" avoiding Uncertainties in the returns of the louance for gagers, the barrel of beer (within the bills of mortality) leakage within ]^.^\\ [-,£ -^5 a;allons of four quarts to the g-allon, according the bills otnour- , n *' 1 1 • 1 l j l 1 1 r 1 tality. to the Itandard m the exchequer ; and the barrel of ale 32 gallons : And all other the liquors aforefaid, fhall be rec- koned according to the wine gallon. 12 C. 2. c.2^% And the common brewer, not felling the fame by re- tail, for wafte by tilling and leakage, (ball be allowed on every 23 barrels of beer, whether ftrong or fmall, three barrels ; and upon every 22 barrels of ale, two barrels. 12 C. 2. c. 24. /j6. But if any common brev/er fhall make a falfe entry, and be convicted thereof-, he ihall, over and above other penalties, forfeit the faid allowance lor fix months then next enfuing. 12 C. 2. c. 24- J. 37. In In all other places, 34 gallons fhall be reckoned for in other places a barrel of beer or ale j and the allowance for wafte fhall be 2f on every 23 barrels, i IV. JL i. c. 24. / 5. But common brewers who fhall fell beer, ale, or worts, in a lefs quantity at one time, than a whole cafk containing 4I gallons, fhall be deemed to fell by retail, and fliall not be entitled to any allowance whatfoever. 25 G. 3. c, "^'i, •• /.I. Notes of every gage^ figned by the gagers, contain- Notes of the ing the inches and tenths of the backs, and wants of the ^^s* and charge- tuns and quality of the liquors, fhdll be left by them with ^'^ ^ the common brewers of ale or beer, or feme fervant (if demanded) at the time of taking the gages j on pain of 40 s. 7 iff 8 IV. c. 30. / 46^ And by the fame a6l, the gager fhall, within three days after the end of every week, deliver to or leave with the brewer or retailer, or their fcrvants, a true copy under his hand of each refpecStive charge\is him made, containing the quantity and quality of the liquors by him charged in fuch week ; and if he fliall neglect or refufe (after demand in writing, 12 G. c 28. /. 30.) to leave fuch copy, or fhall charge fuch perfon more than fuch copy contains, he fhall forfeit 10 1. f. 25. The commiffioners of excife or appeals, or juflices Relief in cafe of of the peace, on complaint of any overcharge returned overcharse. upon them by the gager, fhall hear and determine the complaint; and examine witnefl'es on oath, and thereupon, or by other due proof, may difcharge fuch complainant of fo much of his charge as fliall be made out before them, iJVfeJf.l. ..24./ 13- All common brewers of beer and ale, fhall once in Entry and pay- every week ; and all innkeepers, alehoufekeepers, visual- ment of duties. lers and other retailers of beer, ale, cyder, perry, or me- theglin, brewing, making, or retailing the fame, fhall once in every month, make entries at the excife office, of all fuch liquors, brewed, made, or retailed in that week and month refpe£tively. \7.C. 2. c. 24. / 2g. And all fuch common brewers who do not once a week make due entries, fhall forfeit 10 1. And every fuch inn- keeper, v/ho doth not make true entries once a month, fhall forfeit 5 1. And every alehoufekeeper, victualler, or other retailer, who does not once a month make due en- tries, fhall forfeit 20 s. id./. 30. And every common brewer who fhall not pay within a week after he made his entry, or ought to have made his entry, fliall pay double value of the duty; and every inn- keeper. 48 €XtiU. (Ah, 8cc.) keeper, alehoufekeeper, victualler, or other retailer who fliall not pay within a month after he made his entry, or ought to have made his entry, Ihall pay double value of the duty, id, f- t,i- Provided that no fuch perfon fliall be compelled to tra- vel for making the faid entries, or payment of the faid duties, or other caufe whatfoever touching the fame, if he live in a market town, out of the faid town ; if he live out of a market town, then to no other place than to the next m.arket town to his habitation in the fame county, on the market day. id. f. 32. But no common brewer fhall be profecuted for any for- feiture for any mifentry or fhort entry, if he fiiall in one week after the delivery of the copy of the return made by the gager, rectify his entry according to the faid return, or otherwife difcharge himfelf. 15 C 2. c. 11. f. 6. But no brewer (hall have any benefit of this provifo, on any information to be brought againft him for non-entry, falfe entry, or non-payment ; if it fhall appear by the evidence, that he did not bo?ifiJide fhew to the gager all the beer, ale, and worts of each refpeiStive guile, for fuch time for which fuch copy of the return was made; or if any apparent fraud was a6tcd, to defraud the king of his duty, for any part of the drink brev.'ed in the time for which fuch copy of the return is made or given by the gager. I J^'pjf' I. c. 24. / 10. Exception of ^"' '^ ^"7 P^rfon fliall brew, and fell by retail, any felLins in fairs, fmall quantities of beer or ale in any fair, who is not otherwife a common brewer or retailer thereof, and (liail before fuch felling and retailing, pay the excife for the fame; he fliall be freed from all penalties relating to fuch entries and the like. i^C. 2. c. 24. /■ 39. Compounding. ^'"he commiflioners and fubcommiffioners may com- pound with innkeepers and others for the duties, 11 C. 1. c. 24. f. 40. But no perfon who hath compounded fhall, during the term of fuch compofition, fufFer any beer or ale to be brewed within his brewhoule, for any other common brewer, without firll giving notice to the commiflioners or fubcommilHoners, and forthwith paying down the excife thereof; upon pain that as well the brewer who fhall brew the fame, as the brev/er for v/hom it fhall be brewed, {hall forfeit 5 1 for every barrel. 15 C. 2. c. 11. f. 14. Utenfils liable -^1' ^'^^ brewing velFels and utcnfils for brewing, into to Che penalties whofe hands foevcr they li. all come, and by what con- and duties. veyance or title foever they be claiir.ed, fliall be fubje«ft to all the debts and duties of excife in arrear for any beer or ale' CjCtilt^ {^le, Sec.) 49 ale ma to deliver his account, before he (hall be permitted to pafs his account, or to have the fame allowed. And if fuch Jheriff'or affignee fhall infert or fuftcr to be inferred in fuch catalogue any eftate or effects, other than fuch as were really and truly the property of the debtor or bankrupt, or fhall not certify on the catalogue the true fum to be le- vied, he (hall forfeit 20!. 19 G. 3. c, 56./. 16. And every auctioneer employed to fell auv goods da- maged hyfi"c\ for the benefit of the infarers^ fhall fpecify and enumerate in the catalogue, the particular goods thdn to be fold; and the itifurers^ or the infurer, if only one, fliall fubfcribe and fign fuch catalogue, and certify at the foot thereof, tiiat all the goods in fuch catalogue were really and truly fiKl for the t>cncfit of the infurers : AVhich catalogue, fofigned and certified, fliall be produced by the au6tioneer to the perfon to whom he is to deliver his ac- count, before he fhall be permitted to pafs his account, or to have the fame allowed. And if fuch infurcr fhall infert or fuffer to be infer ted in the catalogue any goods other than fuch as were really and truly to be fold 'for the benefit of him or them as aforefaid, or fhall not certify on the catalogue the true particular of ;he goods to be fold, he fnal I forfeit 2q1. / 17. 6. If the fale fhall be rendred void, by reafon that the perfon for whofe benefit the eftate or goods were fold had no title or right to difpofe thereof, the auctioneer who paid the duty may complain to the commiflioners of ex- cife or juftices of the peace within whofe jurifdiction re- fpectively the fale was made, who may hear and deter - mine all fuch complaints, and relieve the party com- plaining of fo much as fhall appear to have been over- paid. / II. 7. Finally, ifand tiles other than fuch as -» ("cribed by whatioever name / known. 27 G. 3. c. 13- f C^jCClfC [Bricks and tiles.) 55 7. Finally, All fines, penalties, and forfeitures (hall be l^-vy'"e "•''i"^^ fued for, recovered, or mitigated, as by the laws of ex- ^"'i f'^^''^''"''"' cife, or fued for in the courts zt IFeJItninJIer \ and be dif- tributed (all necefl"ary charges firft deduced} hdlf to the king, and hall" to him that (hall fuc. /. 18. ///. Bricks and tiles. For every thoufand bricks made in Great Britain^ fliall Duty, be paid by the maker a duty of is. 6 -A For every thoufand plain tiles — — 3 o For every thoufand jitfw tilt's^ or ridge tiles 8 o I'^or every hundred paving tiles not exceeding 7 . ten inches fquare ) ' Ditto exceeding ten inches fquare For every thoufand tiles other than fuch as before defc called or Scbedfde {¥ .) For the duties on exportation and importation fee the fchedules annexed to the faid a<5l. Ahd every maker of bricks or tiles before he begins to Notice to bt make, fhall give or leave notice in writing at the next ?'^'^"* cxcife ofHce, of his name and place of abode, and of the (heds, workhoufes, or other places where fuch bricks or tiles are intended to be made; on pain of lool. 24 G. 3. c. lif fcj. 2./. 4. All bricks and tiles chargeable with the faid duties, (hall Y^':^ ^'l^"*"^^ 1-1 r J u J t. I rr . -in ft*" be charged. be taken account or, and charged by the officer, whillt they are drying, after being turned out of the moulds, and before removed to the kiln, or clamp for burning, for which purpofeany officer may enter into the fields, fheds-, or other places, where fuch bricks and tiles (hall be makings and (hall tske an account thereof in writing, and leave a Copy thereof (if demanded) with fuch maker, on pain of 40 s ; and if any perfon (hall obflru(3: fuch otHcer, h« (hall forfeit 50I. f. 5, 11, 14. And the officer m charging the duty, (halJ allow ten Allowance iat for every 100 when charged in the field before burned, in wa;te. compeniation for all wafte, lofs, or damages, f. 6. And if the maker (hall remove any bricks or tiles to Not to be re- the kiln or clamp, or other place of burning, from out of "^'^^'^^ "'^"l- the field or place where they (hall be put or placed to dry, "'^^^ before the officer (hall have taken an account thereof, he iliall forfeit 50 1. And all bricks and tiles fo carried away, and being found in the pofleffion of any maker, or trader therein, or perfon for his ufe, (liall be forfeited, and D A. raav 56 C JC t if C . ( Bricks cjid tiles . ) may be felzec!, or the value thereof (hall be forfeited. 2^ G. 3. c. 66./. 2. Provided, that no fuch maker fliall be fubjeft to the faid penalty ; if the officer fiiall fail to take an arcount, on due notice given him three days before fuch removal. 24 G. 3. c. 2^- fejj. 2. / 8. B'icks, &c. pot And the maker, (hall keep the bricks and titles unfur- luiveyedto be veved, feparate from thofe that have been furveyed,on kept leparate. . . ' . . , ,, /^ /■ r pain or rorreitmg 50 1. 25 G. 3. c. 00. J. 3. To be p'ope -ly "^"'^ ^"^^ maker of bricks and tiles (hall, while the fame placed whihl are drying, place them in fuch manner as the officer may drying. cafily and fecurely take an account thereof ; and if he (hall place them in any irregular or unufual manner with intent to make it difficult or unfafe for the officer to take fuch account, he fliall forfeit 50 1. id./. 4. Concealinij, to And if any maker fhall fr..udulently conceal, or hide evade tljie duty. Siuy bricks or tiles, in any part of the operation of making, with intent to evade the duties, he fhall forfeit the fame, and alfo 20I. 24 G. 3. c. 24./^ 2. /. 10. MJ^«^<^- be permitted on his requeft, to enter the houfe, melting- '^"""'' houfe, v/aiehoufc, or other place, belonging to, or ufed by any perfon who fhall be a maker of candles ; and by weighing or tale of the candles, or otherwife, to take an account of the quantity; and fliali thereof make a return in writing to the commilTioners, or to whom they fhall appoint; leaving a true copy of fuch report, under his hand, with or for the maker; and if he fhall refufe or negledt to leave fuch copy (on demand thereof made in writing, 12 G. c. 28. /. 30.) he fhall forfeit 40 s. 8 Jn, c. 9. y. JO. 5. And the maker fhall keep jufl fcales and weights The maker to where he makes his candles; and fhall permit and afUfl keep fcaks and the officer to make ufe thereof^ on pain of lOl. 8 vf«. ^^'*'^** f. 9. / II. And by the 10 G. 3. c. 44. if he fhall make ufe of in- fufRcient fcales or weights, he fhall forfeit lool : But not to be profecuted both on this and the former ai5l. 6. And every maker of candles for fale, fhall before he ivrotlceta be begins to make or dip any courfe or making of mould or given of the other candles, or make preparation for the fame, give ""^^ '^*^^'^"^2' notice in writing to the ofncer, of fuch his intention, and declare the time of the day or night when he intends to begin, and theiiumbe/ of flicks of whicli fuch making is in- tended 6o ^jttife. {Candles) tended to confift, and the fize and number of each illck and the number and fize of the moulds he intends to fill and draiy, and how often they are intended to befilledand drawn in f ach making : and in default thereof, or if he have at fuch making, more fticks or more candles, or of a narger fize, or more or larger moulds, orfhall draw the faid moulds a greater number of times than mentioned in fuch notice or declaration, or increafe the weight of fuch candles byredipping or otherwife, he ihall forfeit 50 1. And if after fuch notice, he ihall not begin at the time mentioned therein, or within three hours of it, fuch notice iliall be void. 10 yir«. f. 26. /. io6. 1 1 G. c. 30. yi 27. 24 G. 3. C. II. /#2. /^9. Times limited And after I AuguJ} 1785, every fuch maker fliall give fin- giving fuch to fuch ofHcer, notice in writing of the hour when he in- tends to begin to fpread cottons, wicks or rulhes, for any courfe or making of candles, and the hour and time when be intends to begin to run in or dip fuch wicks, v.'hich notice {ball be given (if vi'ithin the limits of the head office 6 hours ; i; in any city or market town 12 hours ; elfewherc 24 hours) before he ihall begin, on pain of forfeiting 50 1. 25 G. 3. c. 74. / 29. And if fuch maker fliall not begin and proceed at the time mentioned in fuch notice, or "within 3 hours next after, fuch nodce ihall be void, jd.f.'^o. And Vi'nereas chandlers do fcmetimes after having given fuch notice asaforefaid, and after beginning to fpread cot- tons, wicks, or ruihes, leave off for long intervals, and there- by both harrafs the officers, and defraud his majefty j for remedy thereof, it is enadfed, that after ifl o^ Aiignji 17S6, ever maker of candles, havjiig begun to ipread cottons, "wicJcs, or rufnes, for any courfe or makmg of candles (other than mould candles) ihall proceed and continue vvichout delayer interruption, until the whole intended to be ufed in fuch courfe or making, is finilhed ; and the lime for beginning to run in or dip fuch cottons, wicks, or ruihes refpeclivelvj Tnall not be more than 5 hours after the beginning to'fp'read the fame as aforefaid ; and fuch maker fhall continue to run in or dip fuch cotton?, &^c. refpe6^ively without interruption until the whole is iiniihed, on pain of forfeiting 50! for ever fuch offence. 26 G. 3. c. 77. /. 6. And if in any fuch notice, the hour or time fpecified for beginning to run in or dip fuch cottons, &c. ihall be more than 5 hours after the time fpecified in the notice for beginning to fpread fuch cottons 5cc ; fuch notice {hall be void, and fuch chandler giving the lame, iliaii be liable (Candks.) 6i liable to all fuch fines, penalties, and forfeitures, as he would have been if no notice had been given, id.f.'j. And lighting a fire under a vcfTel, for melting the mate- rials, or finding in fuch ycfrel, or in any mould, the ma- terials melted or melting, or cottons or rufhcs fpread or fpreading, fhall be deemed to be fuch a beginr.ijig to work, as fliall make him liable to the faid forfeiture. 1 1 G. c, 30./ 28. And every candlemaker fliall at his own expence, affix Furnace doors, fufiicient fuftenings, to be approved of in writinj- by the ^'^' t^'^J^e lock- „ ^ .r-i eti or fecured. officer, to every furnace, copper, pan, or otner utenhl for melting materials to be rfiade into candles; and alfo covers with proper faflenings, to be approved as aforefaid, to every dipping mould which fuch maker fhall have in his cufiody ; and every fuch utenfil ihall be fccurely locked, faflened, or fealed by the officer as foon as any melting {hall be finifhed ; and every fuch dipping mould with the cover, fhall be locked, fafiened, or fealed up in like man- ner, as foon as the dipping fhall be finifhed. And fuch maker fhall provide a fecure room, place, or cheft with faft.^nings to be approved as aforefaid, for, locking up all moulds for making of mould candles, which fliall be locked up .and fecured by fuch ofHcer v»hen the fame fbail ceafe to be ufed. And when fuch maker fliall be defirous to light a fire, and to have fuch furnace door, copper, pan, utenfil or dipping m.ould opened ; or to ufe fuch moulds; he ihall give to fuch officer 6 hours notice in writing if v-^itiiin th^iimits of the chief office-^ 12 hours if he fhall refide in any market toivn ; and 24 hours if he re'fide out of a market town; and fuch officer ihall attei.d at the time mentioned in fuch notice, and open fuch doors and places as the cafe may require: and if fuch maker fhall not light a fire, or ihall not proceed to ufe fuch utenfils^ within oiie hour after the doors are opened, fuch notice fliail be void, and fuch officer fhall proceed to lock up and fecure the fame again in manner as aforefaid, and fuch maker fhall be obliged to give a frefii notice. And if fuch maker iliall negleft or refufe to do and perform any of the njatters aforefaid ; or to pay for any locks, keys^ or necefiary faflenings which fliall have been provided by fuch officer : or if any perfon fhall hinder any officer in fixing fuch locks or faftenings, or in locking up, fealing, or fecuring the fame in fuch manner as he fliall think molt efle^lual to anfwer the purpofes of this 'dCt: or fliall open any fuCh furnace, copper, pan, utenfil, dipping mould, , or door, before the fame fliall have been opened by the ©fficer i 62 CjTCST^' {Candles^ officer ; or fhall wilfully break or damage any lock, Tea?, or faftening; he Ihall forfeit lool. 27 G. 3. er with the boxes or other package contain- ing the fame : And the perfon that fhail be found privately malcinsj: €XCik- [Candles.) 63 making fuch candles, or in whofe poflefTion any fuch fliall be iouiid, fnall forfeit lool. 5 G. 3. c. 43. / 20. 12- if any maker of candles for fale, fljall niiiigle can- FtdtTier penalty dies which have not been weighed by the officer, with ^'. "moving, tliofe which havcj or Ihnil fraudulently remove any beiore coiKtaiiiig. weighing; or conceal any candles or materials : heihall forfeit 100 ]. 1 1 G. c. '^o.yi 30. And if any officer fhall difcover that any making of ^'"'^^."^ '[''•'^'"5 candles is carried on in any private workhoufe, room, or auiciny taudieti place, v^hercof no notice Has been given as aforefaid j and fliall at the fame time difcover any perfon knowingly ai- filting, or any ways concerned in carrying on the fame, he fhall forfeit 20 1. over and above all penalties which fuch maker Ihall be liable to : And fuch officer may detain fuch perfon, and carry him before a juftice, who on con- felHon, or oath of one witnefs, may cunviit fuch oftender, who immediately on conviction, {hall pay 20 1. into the hands of fuch officer J and on his refufing or negleClini?;, fuch juftice (hall commit him to the houfe of corredlion to hard labour, iox two months, aniels the penalty be fooner paid. And if fuch perfon (liall be convi6led of a fccond ofience, he fhall in like manner pay 40 I. or be commit- ted iovfour months. 25 G. 3. c. 74. / 31- 16. Every perfon who fhall make any candles fhall once Entry of cand!c5 in every week, make a true entry in writing, at the next made, excife office, of ail candles by him made within fuch week ; which entry fliall contain the weight, number, and fize of the candles, and what quantity thereof was made at each courfe in the faid week ; on pain for every neglect of entry to forfeit 20 1. Which entry fliall be upon the oath of the maker or his chief workman, according to the beft of their knowledge and belief; the faid entries and oaths, within the bills, to be made with and adminiflred by fuch officer as the commiffioners fhall appoint at the general excife office, and ellcvvhere by the colleclors or fupervilors. 25 G. 3. c. 74.7. 27. But he fliall not be obliged to go further than the next market town, for making fuch entry. 8 Jn. c, 13. And the maker fliall in one week, after fuch entry, putv tote pay and clear off the duties ; on pain of double duty : and cleaicd off. no maker after default in payment fhall fell, deliver, or carry out any candles till he ha;h paid ofl'" the duty, on pain of double value. 25 G. 3. c. 74-/28. 14. And if therp fhall be found in the polTcfrion of any Candics r-ten- maker of candles for fale, any candles not mentioned in tieJ, nor cuiy the entry made by him, and of \vhich the officer hath not '''''^* 4 had .'.i>lllMU«tfi [Candles) 65 But no drawback fliall be allowed on the exporfation of niiy foreign candles imported. 23 G. 2. c. 21. f. 36. And the oiliceis of excife or.cuftoms mayfeizeany can- dles, with the package, that fhall be found in any vellel, cart, or other carriage, where they fhall have good reafon to believe, that the fame were made in fome private work- hcufe, or clandeftinely imported without payment of duty; or that the fame have been exported and relanded after payment of the duty; and if the party in whofe pofTelfion the fame fnali be found, (hall not at the hearing of the inforniation, make it appear, that the duty hath been paid or fccured, he fliall forfeit 5I for every 100 lb ■weight, and alfo the candles and package fhall be for- feited, f. ^0. And if any foreign candles fhall be unfhipped, with in- dention to be laid on land, before entry and payment of the duties, or fliall be landed again after fhipping for ex- portation upon debenture; the fame, together with the package, veflels, boats, horfes, and other carriages, ufed in landing or conveying the fame, fnall be forfeited, and may be feizcd by any officers of the cuftoms or excife ; and the perfons from whom the fame fhall be feized fhall forfeit 5I for every hundred weight, f. 31. And if any perfon fliall knowingly harbour or conceal any candles unlawfully imported, or relanded after fhip- ping for exportation upon debenture; he fhall, whether he claims any property therein or not, forfeit 50 1 for every hundred weight, together with the candles and package. /. 32. And where any fuch candles fliall be feized as forfeited, and no perfon fliall claim the fame in 20 days, if it is within the limits of the chief ofHce of excife in Lo7idony the ofHcer v/ho made the feizurc may caufe notice figned by the folicitor of excife, to be affixed at the Royal Exchange, of the time of proceeding to trial and condemnation of the fame by the commiiTioners of excife ; and if it is out of the faid limits, then publick notice fhall be given by proclamation at the next market town on the market day next after the faid 20 days, of the day and place where thejuflices will proceed to trial and condemriation there- of. And the judgment thereon fliall not be liable to any appeal, or to be removed by certiorari, f. 33. 18. All the faid fines, forfeitures, and penalties, may be ^^^-^'^f ^'""^ recovered and mitigated as by the laws of excife, or in the ^ courts at IVcJiinin/lcr •, and diflributcd, half to the king and half to him that fliall inform or fue. 8 Jn. c. c). J. 28. II G.c. 30./. 39. 24 G. 2. c. 40. / 33. ^ 25 G. 3. c. 74-/ 32, 33- Vol. 11. E 19. And 66 Appcd. Mitigation. Proof to lie on the owner. Utenfils liable to the duties and penalties. (BXtift' (Candles) IQ. And if the party Is not fatisfied with any judgnnent .of the juftices on the adt of 23 G. 2. c. 2J. before men- tioned, he may appeal to the next quarter feffions, except in the cafe before mentioned v.'here no perfon fhall claim the goods feized. /. •^y. 20. And on information of the faid a£lof 23G. 2. the mitigation fliall not reduce the penalty to lefs than a fourtii part, over and above the cofts and charges to be allowed. 21. And where candles fhall be feized for non-payment of duties, or non-entry, and it {hall be difputed whether fuch payment or entry was made or not, the proof fhall lie on the claimer, and not on the officer. 23 G. 2. c. 21. / 35- ^ 22. All candles, materials, and utenfils for making of candles, in cuftody of any maker of candles, or perfon in truft for him, {hall be chargeable with all duties in arrear, and fubje£t to all penalties and forfeitures ; in the fame manner as if the debtor or offender were the lawful owner. 8 Anrit c. 9. / ig. F, Coaches and coach makers » Coachmakersto ^y ^5 G. 3. c. 49. every perfon who fhall carry on the be licenfed. trade of a coachmaker, and fhall build, make, conflrudt, or fell, any coach, chaife, berlin, landau, chariot, calafh with four wheel?, chaife marine with four wheels, or ca- Tavan ; or any cala{h, chaife, or chair with two wheels'; or by what name foever fuch carriages are or may be called or known ; or other carriages heretofore made fubjecl to any duty of excife ; fhall take out a licence, for which he fhall pay 20 s. Such licence to be granted, if within the limits of the chief office in London by the commiffioners of excife, elfewhere by the feveral collecfor? and fupervifors of excife v/ithin their refpeilive diflridls : and the fame {hall be renewed annually ten days at leafl before the end of the year. And if any peifon fhall make, build, conftru^ forfeited any coffee, chocolate, cocoa nuts or cocoa pafte, ' ''^.'-' ^^'^^'^ ""^ the cooimiffioners fliall allow him one third of the clear ilim that (hall arife from the fale thereof after condemna- tion. Provided, that if at public fale the fame be fold [Notc^ the ferife fecms to require that the word " not" of/ght to have been iujerted^ Jo as that the fentence j})ould have run, " if at public fale the fame be not foId"J for is a pound, the fame fhall not in any wife be fold, butfliall be burned or othcrwife deflroyed ; and the officer Tnall be rewarded as the commifiioners (hall think Ht, not exceed- ing 6d for each pound fo burned or deflroyed. 21 G. 3. c. 55./ 18^ 19. But no officer of the cuftoms, or other perfon, fliall be intitlcd to any reward for any feizure of the faid goods, unlefs he give notice of the feizure to the next officer of excife, or fupervifor, in 48 hours -, who (hall, en fuch notice, take an account of the fpecies and quantity ; nor fliall iuch goods be removed without a permit from fuch officer of excife, on pain of refeizure. 12 G. c. 28. f. 6. 14. Every perfon who fliall keep a public houie, (hop. Who /hall be a cellar, or other warehoufe, for fellinj^ of brandy or other '^'^''''^'■'" '^'^^^^> fpirituous liquors, and (hi:ll have^in his cuftody any fate?"'^^^°"" coffee, tea, chocolate, or cocoa nuts, above fix pounds weight, (hall be deemed a dealer in the faid commodities. II G\ c. 30. / 4. 15. If the officer of excife (hall find any increafe of the Dealer frauda- flock of any dealer, over and above what the officer found '^.""^ incrcafmg in his laft furvey ; fuch increafe (hall be deemed to be '^ °'^^' made by a commodity for which no duty has been paid ; and fo much of the faid (lock as fhall be found to be fo increafed (hall be forfeited, and the perfon in whofe ftock the increafe (liall be found fnall alfo forfeit 20 1. 21 G. -2. r. 55. /29. 16. No tea whatever (liall at any'time be removed, with t- % .• c , . • z™ 1 LiniiLStion Or or without a permit, from any place not being within the quantities of tea limits of the bills of mortality, to anyplace within the "^'^ '^^/^"''°^'^'^^' faid limits ; and no tea, exceeding twenty pounds weioht ^"^^ '^'"^'^* (not being in the original cheft in which it v»?as imported) fliall at one time be removed, whether with or without a permit, from any place not being within the faid limits to any other place out of the faid limits, not being within the town, parifh, or place from whence removed ; on pain that the fame, together with the caniffers, bags, and other package, veffels and boats, horfes and other cattle and carriages, (hall be forfeited, and may be feized by any officer 74 (SiTCtfe. (Coffee,^?,,) ofncer of excife. Provided, that this (hall not extend to prevent any dealer from taking out two or more permits, and by virtue thereof fending two or more packages of twenty pounds each to the fame perfon in the fame day by different conveyances. 21 G. 3. f. .55. / 20, 21, 22. 22 G. 3. c. 68./. 21, 2, 3. 23 G. 3. c. 70./ 28. Tea felzed need '7* ^^^ ^^^ feized any where in £«^/(7??^/ and condemn- not be fent to ed according to law, fnall be fold publicly to the beft London. bidder, at fuch places as the commiiTioners fliall think proper, without requiring fuch tea to be fent to London. 24 <^' 3-/#2. f- 47-/ 31- Dealer returnin'^ 1 8. iv any dealer, haying received any tea into his tea. ftock, fliall fee caufe to return the fame, he fhall give no- tice to the officer of excife, who fhall grant a permit for returning the fame ; and if he fhall return the fame with- out a permit, or be guilty of any fraud relating thereto, he fhall forfeit lool. 21 G. 3. c. 55. / 24. Ofncers may 1 9. When any dealer in tea {hall have taken out a take r^impic?. permit for removing tea from his own ftock to the ftock of any other like dealer, the officer may take afample (not exceeding two ounces nor lefs than one, to be fealcd by the trader in prefence of the officer) out of each par- cel fo intended to be removed, paying fbr the fame ac- cording to the price that fuch tea is then commonljifold for : And if fuch dealer fhall refufc to permit the officer lo take fuch fample, or fnall deliver a fample not being the very tea fo to be fent away, he Ihall forfeit 20 1. 21 G. 3. c. 55. / 25. Tea cirricdln 20. If any tea, exceeding fix pounds weight, fhall be the niglit. found carrying in any part of the kingdom, unlefs from Sep. 29 to iViarch 25 between 7 in the morning and 5 in the evening, and from March 25 to Sep. 29. between 5 in the morning and 7 in the evening (except the fame be carrying by a known common ftage coach or other liage carriage, which ufually travel out of thofe hours ); the faid tea together with the package, whether with or with- out a permit, and all cattle and carriages made ufc of in carrying the fame^ fnall be forfeited and may be feized by any officer for the inland duties on tea. 21 (?• 3. c. 55. /. 26. i.'cencc for re- 21. By the 15G. 2. c, II. No perfon fliall be per. tailing. mitted to fell or retail any coffee, chocolate, flierbet, or tea, without licence firft had by order of the general {&{- fions of the peace in the refpedlive counties (certificate being firft flaewed, that h : hath given good fecurity for payment' of the duties to the king) ; or from the chief niagiftrate of the place in ^whole jurildiction^he fliall in- habit. CjrClfe. (Coffee, See.) 75 hnbit. And no licence fliall be granted to any retailer, till fach fccurity flial! be given by recognizance or other- wife : For which licence, recognizance, and iecurity, 12 d fhall be given, and no more, for the payment of the excife. And perfons feeling without fuch licence and fecurity, fliull forfeit 5I a month. But by the 20 G. 3. c. 35, No pcrfon fhall trade in or fell any coffee, tea, or chocolate, v/ithout firft taking out a li- cence for that purpofe; for which he fhall pay ti^e Aim of 5 s. The fame to be granted, if within the limits of the chief office of cxcifc in London, under the hands and feals of two commiinoners, -or of fuch perfins as they fhall ap- point; elfjwhere, under the hands and feals of the col- leclors and fupervifors of excife refpeiSlively. Such li- cence to be renewed annually, ten days at leaft before the expiration of the former. And if any perfon ftiall trade in or fell any coffee, tea, or chocolate, without fuch li- cence, he fhall forfeit 20 1. — Provided, that perfons in partnerfliip, and carrying on thebufinefs of felling coffee, tea, or chocolate, in one houfe or {hop only, ftiallnotbe obliged to take out more than one licence : and that no licence fiiall impower any perfon to fell the fame, in any other houfe or place, than that wherein he ihall dwell at the.'time of granting fuch licence. 22. Every druggiff, grocer, chandler, coffee-houfe Houfesofmanu- kccper, chocolate houfe keeper, and other perfon fellin-ff *'*'^"'''"?^"'^ , ,. • fi- I ) • ° file tobeentred, or dealing in cortce, tea, and cocoa nut«, or makmg or felling chocolate, either by wholcfale or retail, fhall be- * fore he take any the faid goods into his poOeffion make entry in writing of all ftorehcufes, fliops, rooms, and other places intended to be ufed by him, at the office for the divifion ; on pain of forfeiting 200 1, and the faid goods found therein, with thecanifters, bags, veffeis, and other package. \oG. c.io.f. 10. And no entry of any fliop, warehoufe, room, or utenfd for cayrying on any trades aforefaid, (hall be deemed a legal entry, uplefs made in the name of the real owner of, and trader in fuch fiiop ; and the perfon who a<5ls as viflblc owner of fuch place, or principal manager in fuch trade, fhall be deemed the real owner and trader, and confe- quently liable for any ftock found there, or for not making entries, or other offences. 18 G. 2. c. 26. f. 8. And none of the faid goods ihail be offered to fale but in places entred, or in, a warehoufe to be approved of by the commiffioners ; on pain of forfeiting the fajiie and alfo 10 1. 10 G. c. 10. / 14. 12 G. 3. c. 46. / 6. 23. Ever/ 75 ©jCClTC (Co^e, &c.) Houfestobe 23. Every druggi;'?-, grocer, chandler, ccfree-houfe ^^' """ keeper, chocolate-houCe keeper, and every other perfoii felling or dealing in coffee, tea, cocoa nuts, or chocchte, fhall caufe to be painted or written in large legible cha- racters, over the door of each place, the words cleaUr in ccffee^ tea, czcoa nuts^ or chocolate ; on pain of 200 1. 19 G. 3. c. 6g. / 18. And if any dealer in tea, coffee, cocoa nuts, or cho- colate ihall buy any of the faid goods, of any perfon not having the words aforefaid painted over the door of his {hop or other place ; he fhall forfeit 100 1. Pro- vided, that fuch dealer (hall not be fubjefl to the faid penalty, by reafonofany purchafe or transfer of any tea, coffee, or cocoa nuts, whilft they remain in the ware- houfes acc-ording to the atSl of 10 G. c. lO- nor by rea- fon of any purchafe at any fale of the Eaji India com- pany ; or or the commiffioners of the cuftoms or excife ; or fold fur the benefit of the infurers or proprietors to de- fray the charges of falvage ; nor by reafon of any firft pur- chafe of any prize teas. f. iq, 20. And if any perfon, other than fuch as have made due entry at the excife office of their feveral places for keeping any of the faid goods, fjiall paint over his door the words aforefaid j he fliall forfeit 5^1, over and above the penalties for felling or dealing without entry. / 21. And if anv perfon, not being fuch dealer, fhall buy any of the faid goods (except as before excepted) not having the aforementioned words painied over his door, he {hr.ll forfeit lol : And if the ieiler {ball, within 20 days, and before any information has been lodged againft him, inform againlt the bu)cr, he Ihall be difcharged from all penalties to which he niight be liable for fuch his own offence, f. 11.. Koticeot biin— ^4* No Cv ffee, tea, cocoa nuts, or chocolate fhall be ijiS in. " brought into any fuch fhop or other place, without firft giving notice thereof to the officer of the divifion, and leaving with him a certificate figned by the officer of the divifion from ,v,hence they v.ere brought, that the duties on fuch coffee, tea, and chocolate have been paid, or that they have been condemned as forfeited ;. and in cafe of bringing in of cocoa nuts, that they have been entred with the officers of the cufloms, or were condemned as forfeited •, and expreilmg the quantity and quality, and where the duties were paid, or ac what port the cuftoms and duties were paid for the cocoa nut;, or were con- demned J on pain ef forfeiting the fame and treble value, Witii dBXtitt. (Coffee, Sec.) 77 ■ with the caniftcrs, bags, and other package. lo G. c. lo. f.ii. 25. And wher^ any of ihem Hiall be fold in the faid reimitwhcn entrcd places, above the weight of 6 ib, the officer fhall, ^'^''1 to the re - on requefl of the fvller, give to the buyer a certificate figneti by liiin, expreHing the quantity, and the names of the buyer and felier, and that the duties have been paid, or that the cocoa nuts have been entred -with the ofKters of the cuflonis, or that they have been condemned as for- feited j which certificate fhall be left with the officer of the divifion to which tlie fame is intended to be carried, to prevent the feizing thereof. lO G'. c. lo. /• l^- 26. The ofRcers Ihall be permitted at all times by day. Officers to enter to enter all warehoufes, fhops, and other places, and by ^"'^ furvey. weighing, gaging, or otherwife, to take an account of the , quantity and forts ; in the weighing v\"hercof the ov;ner fhall be aililiing, and keep jufl weights and fcales ; on pain of 100 1. 10 G. c. 10./. 12. 10 G. 3. i-. 44. y. I. 27. And if any ofliccr (hall have caufe to fufpeci, that Search for goods any the faid goods (liall be concealed, if it is within the <:on«a'ed. bills, then on oath made before two commiffioners, or elfcwhere, before one or more juftices, fetting forth the ground of his fufpicion, they may by warrant authorize ilich officer by day or night, but if in the night then in prefc-nce of a conllable, to enter the place fufpe6ted, and leize and carry away the fame (if found) as forfeited,, to- gether with the bags, caniflers, and other package ; and if any perfon ihall obftrucl fucli olHcer, he fhall forfeit 100 1. ic G. €. 10. / 13. And if any feller or dealer fhall conceal any the faid goods, he fhall forfeit the fame and treble value, with the caiiifters, bags, and otlier package ; and if any perfon fhall oblirudt the ofMcer in feizing any of the faid goods by virtue of this or any future a6l, or after feizure fhall endeavour to refcue the fame, or break or damage the vell'els or package; he fliall forfeit 50 1. f. 39, 40. And by the 11 G. c. 30. Two commilfioners or any juftice of peace, on complaint by an ofHcer on oath, that he fufpects any dealer not to have made true entries, fet- ting forth in fuch oath the caufes of his fufpicion, may fummon fuch fufpe£ted perfon to appear with his books, and examine him on oath touching the truth of his en- try ; and if he fiiall refufe or negle(£l to appear,, or to make fuch oath, he fhall forfeit 20 1. f. \i. T. 13 G. 3. BofiOck2.g7x\u.& Saunders 2ind. oihcvs,. Trcf- pafs for breaking and entring his houfe. On not guilty and iilue thereon, the caufe wss tried before the lord chief jufticQ 78 ^ €Xtiit f Coffee, Sec.) juftice at the fittings after Hilary term, and a verdicl fof the plaintiff with lool damages, fubjecl to the opinion of the court on the following cafe. The plaintiff proved his declaration. The defendants in their defence pro- duced and proved a warrant under the hands and feals of two commii!ioners of excife, reciting, that the defendant Saunders had made oath before them, that he had caufe to fufpe£t, and did fufpect, that tea was fraudule;Uly hid and concealed in the plaintiff's houfe, to defraud the king of his duties, fetting forth in and by the f.id oath the ground of his fufpicion, and the fame appearing to them to be reafonab'e ground of fufpicion, they theiefcre judge it reifonable, and do authorize and impower him to enter the plaintiff's houfe, and to feize all tea and other excifeable goods which he fhall there find fraudu- lently concealed ; and all conftables and other officers are authorized and reqxiired to be aiding and aifilling therein. On which was indorfed this return: " Honourable Sirs, I have fearched the houfe of H. BoJIoc/c, but without luccefs." But the defendants did not produce or prove the information ftated in the warrant to have been made on oath before the commifTioners. It was proved that the defendant Saunders was an officer of excife, and that the other defendants, who acted as his afliftants, were two of them officers of excife, and one an officer of the cuf- toms. The queflion was. Whether upon thefe circum- ftances the plaintiff was entitled to recover ? The cafe was argued tv/o feveral terms. — By De Grey chief juf- tice : "i'his quedion was very fit to be folemnly argued^ becaufe it was never yet determined. It arifes on the flatute of lO G.^ iT. lo. which gives the officers of excife an unlimited power of fearching all entred places in the day time ; but if there be caufe to fufpecl any unentred place, then, on oath made of fuch fufpicion, two com- miffioners or a juftice may empower the officer to fearch. ^The officer therefore ftands in a double character, as pro- curer, and as executor of the warrant. It is faid, that the officer is juftified in executing this w'arrant, as rriuch as a (heriff's officer in executing thofe ilTued by the fheriff. But the law confiders the excife officer as the party pronictirig, acting for his own intereft, and not ■fcound to obey the warrant, if, after he has received it, he finds his own fufpicions ill founded. Therefore he is not like a (heriff's officer. Nor is he like a profecutor, when a bill is found by a grand jury ; becaufe there miilt be fome fact, and not merely a ground of fufpicion found- upon oath by that j-sry. The queftion therefore is. extitt. (Coffee, Sec.) 79 is, whether the ofncer is not liable, if he procures and executes a warrant without good grounds of fufpicion. There may be good ground of fufpicion, without an ac- tual feizure of the goods. But the fufpicion mufl be very well founded, to juftify entring an houfe without the owner's confent. In the prefent cafe, the commif- fioners have no general power of inveftigating the grounds of the information. But they are bound to a£l on the oath of the informer. They have no power to fummon evidence or even the fufpefied party. Indeed that would defeat all purpofcs of fearching, for upon fiich notice the goods would be fure to be removed. This differs it from the provifion of 11 G. c. 30. where the commifTioners are to fummon the party, on information or fufpicion of 1 falfe entries, becaufe in fuch cafe the goods are not re- movable. There is no occafion to fiw, whether the com- miffioners are or are not liable for improper exercife of their judgment. The obliging the warrant to be dire6t- ed to the informer, points out to the party injured, where his remedy certainly lies. And I think in this rafe, the plaintifFis intitled to recover. — Gf 20 1 : which entries fhall be made on oath before the commiffioners within the bills, and elfevvhere before the collector or fupervifor, jg G. ?. c. 12. / 17. But no maker fhall be obliged to go further than the marlcei town where it is rnadf, or the next market town, for the making fuch entries, f. :8. The maker, within the bills, fhall in four weeks, and Payment of the elfewhere infix weeks after entry, pay ofl" the duties, on ^"ty* pain of double duty, ig G. 2. c. 12. /• 19. If any pot iilled with materials Ihall crack or break, Allowance for whereby any part thereof fhall become unfit for fervice, on giai's fpoiled m proof there(;f to the commiffioners where fuch jrlafs houfe ™»'''''g»»nd fliall be fituated, they fliall make an allowance for the fame. 19 G. 2- c. \2. f. 15. And in recompence of walle neceffiarily happening in manufaiSlunng the materials, arjd for metal left at the bottom of the pot which cannot conveniently be wrought out ; in all pots containing more {han one hundred weight ufed for preparing materials for making of flint, enamel, ftained glafs, and of all phial glafs, an allow- ance (hall be made to the maker of one fourth part of the materials contained therein, and of one inch deep at the bottom of the pot ; — — in fmall pots, commonly called Pile ends, not containing one hundred weight, an allow- ance fhaJl be made of one fifth only of the materials ; in pots ufed for making of crown and plate glafs, and of all window glafs, wheiher flaflied or fpread, or other- wife manufactured, an allowance fhall be made of one fourth of the materials, and of 4 inches deep at the bot- {om : and in pots ufed for making of common bot- tles (not being phials), and of other vefi'els and utenfils to be made of common bottle metal, an allowance fhall be made of one fifth of the materials, and three inches deep at the bottom of the pot. And if the maker fhall be defirous to work up any of the bottoms for which an al- lowance hath been made of three inches or of four inches at the botto;Ti as aforefaid, he fhall give fix hours notice thereof in v/riting to the officer of excife j in which cafe s he 90 €Xtik^ [Glafs,) he {hall be charged with a du»-y for the fame of 18 s 8d a hundred weight, and fliall have an allowance of one inch and no more at the bottom of the pot: And if he fhall work any part thereof without giving fuch notice, he fhall forfeit 50 1. 17 G. 3. c. 39. f. 31, 2. Notketobe And every maker of f^ ^/rt/r ^/^, betare he begin to given of fqii?.r- draw the fame out of his annealing arch, Ihall give to the ing caft plate officer fiX hours previous notice thereof in writins; if v/ith- in the bills, (elfewhere twelve hoursj, and -fuch officer fiiall attend and fee fuch caft plate glafs drawn out of the annealing arch ; and fuch maker faall immediately in the prelence of fuch omcer, proceed to fquarc; the fame ; and fach caft plate glafs with the cullett arifing from the fquar- ing thereof, ftiall be weighed in theprefence of fuch cf* ficer i and in default thereof, every fuch maker fhall for- feit 50 I. And if fuch maker ftiall not begin within one hour of the time mentioned in fuch notice, the fame fliall be void. 27 G. 3. c. 28. /. 7. Duty to be And if fuch maker fiiall negle6l or refuU; to fquare charger) for fych caft plate glafs in theprefence of fuch officer, or im- g 3 cnot qiiare p^gjjj^j-gjy ^^ jf-jg fame being fquared, to proceed to weigh the fame, together with the cuilett arifing from the fquaring thereof; fuch officer faall charge fuch maker with a duty of I /. IX. ^cl\ for every hundred weight of metal, ma- terials, or other preparations made ufe of in the making fuch glafs. And if the fame ftiall not weigh two thirds of the grofs gauge weight which the materials, or metals, or other preparations from whence the fame ftiail be produced, gauged in the founding or melting pot after ikimmed, the deficiency fhall be deemed fraudulently conveyed away ; and fuch officer fliall charge fuch maker with a duty for the quantity {o deficientj after the rate aforefaid. id. / 8, 9- Plate glafs not And fuch maker fhall break into fmall pieces, to the fc^.iareu Co be fatisfaclion of the onicer immediately on his requeft, all broken. ^,^^ plate and cullett which fl^.all not be fquared into plates as aforefaid J { bagging, in order to fell or export them as Britijh hops ; on pain -of 10 1 a hundred u'eight : And if any perfon f^iall endeavour to defraud the king of the duty, by ufing twice or ofcner the fame bag, with the officer's mark thereupon j he fhall forfeit 40 1. g. Jn. c. 21. / 23. Removal before II. No planter or owner fllall (on pain of 50 1) re- bauging. iTiOve from his ouft, florehoufc, or other place, any heps, until they have been cured, bagged, and weighed, and the duties afcertained ; unlefs where the officer after noticcj Ihall not attend the bagging and weighing, g An. c. 12. /. 16. Concealing. 12. If any planter or owner fhall conceal any hops, to avoid the duties ; he fhall forfeit 2c 1, and the hops con- cealed. 9 An- c. \1. f. 17. Privstelycon- ^S' And if any gatherer of hops, or other perfon, fhall vexing. privately convey any hops from the place of growing, or where they rn::ll be put in order to be cured, bagged, and weighed, with intent to defraud the king and the owner; he fhall forfeit 5 s, a pound. 2 An. c. i2./i »8. Pavment of the 14' ^ ^^ p'antfr or owncf fliall in fix months after the duties. hops fhall be cured, bagged, or weighed, pay off the du- ties ; on pain of double duty, two thirds to. the king, and one third to the informer, g An. c. 11' f- 14. A<^ulterating ^S" ^^ ^"7 P'^r'"'''» ^^'1 ^"'''^ with hops any drug or in- hops. gredient to alter the colour or fcent ; he fhall forfeit 5I a hundred weight. 7 G. 2. c. Jg.y. 2. Ui;"f other 1 6. No common brewer, innkeeper, or vicrualler fhall things initead of ufe anybroom, wormwood, crany other bitter-ingredient, ^"P^* to ferve inftead of hops ; on p^in of 20I. (Except the inf'^fiofi ofbroom or wormwood into beer or ale bv the re- tailer, after it is brewed and tunned, to make it broom or wormwood ale or beer.) g yf?.'. c. \i. f. 24. Pyp'-rtation to 17. And hops cf .SW/yZ) growih may be exported to i>£:and. Ireland ; bond being hrfb given to the commillioners cf excifc, that the faid hops fhall not be relsn ed; and oath made before fuch perfon as they fliall appoint, that the duties have teen duly charged j whereupon the perfon exrcr.ir. ' (BXCitt [Leather.) 95 exporting the fame (hall have a c'rawback of the duties before paid : And provided the faid hops fhall be relanded, or put into any Ihip in Great Britain^ (except in cale of {hipwreck or unavoidable accident) the fame, or tlie value thereof, (hall be forfeited, over and above the pe- nalty of fuch bond ; and may be feized by any officer of the cuftoms or excife. 26 G. 3. f. 5. /. i, 2, 4. 18. The penalties aforefaid (w^here not otherwife di- PcnaUifshowt* reiSted) fltall be recovered and mitigated as by the laws of be recovered, excife, and diftributcd half to the king, and half to him that (liall fue, 9 An. c. 12. / 26. 24 G. 2. c. 40./ 33. 26 G, 3. f. 5. / 8. _ ig. And all hops in the cuftody of any planter or Hops liable to owner, or perfon in truft for him, fhall be liable to the d'rtrtfs for the duties in arrear, and to the penalties ; in the fame manner "[|"^" ^^^ as if the debtor or offender were the lawful owner. 9 An, c. \i. f- 19. 20. i'i any perfon fliall unlawfully and malicioufly cut Cutting hop- any hop-binds growing on poles, in any plantation of binds, hops ; he fhall be guilty of felony, wit.hout benefit of clergy. 6 G. 2. c. 37. f. 5, 6. Which offence is treated of more at large in the title IX. Leather. 1. By 27 G. 3. c. 13. a duty is laid upon all hides and Importation anj Ccins, vellum and parchment, imported ; and drawbacks •^"P'^'^"^"* allowed on ihe exportation thereof. Sched. (A). And after the duty (hall be paid on ia;portation, the of- ficers of the cuftoms fliall caufe every hide or (kin to be marked, to denote the payment of the duty. 9 An. c, \i. /6. Butby the 15 G, 3. c. 35. Raw or undieffed go.it fkins may be imported for five years, duty free. Which by the 26 G. 3. c. 53. is continued to June 20, 1790, ike. 2. And by the faid a6t 27 G. 3. c. 13. a D"*y "^ !e«tlier duty is laid upon all hides and Ocins tanned J"f '^ '" ^"''^ jn Great Britain of whdt kind foever, (that js to fay) for every pound weight of calves ficins, kips, hogs fiiins, dogs fkins, and J'eal fiiins, and _/2)^tp and /tf?«y fkins for gloves, and ^. s. d. bazil - - - - - O If For every pound weight of goat fkins which (hall be tanned vvich fhumack, or Otherwife to refemble St^ani/h leather - O O 4 For 96 CjCtlfC {Leather.) l^or every pound weight of Jheep fkins which {hall be tanned for roans (being afier ^. s, d^ the nature of iS/)(3«(/2) leather)- - - O O 2 For every lool of the real value of all other fkins and pieces of hides and flcins which fliall be tanned, not before particularly charged - - - - - -3000 All which faid duties fliall be paid by the tanners. And for all hides of horfes which (hall be dreffed in allum and fait, or meal, or otherwife tawed for each hide - - - -016 And for all hides o{ Jieers^ cozvs^ or any other hides of what kind foever (horfes ex- cepted) which fhall be fo drefled, for each hide O 3 O For every pound weight of calves Ikins, hps^ and y^i?/ fkins, fo drefled - - O I| For every dozen oi Jlink calf{k\ns io drelT-rd with the hair on - - -.--03O For every dozen oijlink calf ik!ir\s fo drefled or tawed without hair, or dogs fkins, or kid ilcins (except fuch as paid the full duty on importation) - - - - -OIO For everv pound weight of buck and doe fkins (except fuch as paid the full duty on importation) drefled as aforefaid - - 6 For every dozen of goat fkins, or heaver fkins drefled as aforefaid - - - 2 For every pound weight oi Jheep or lamb fkins drefled as aforefaid - - - O O I4 For every lOol of the real value of all fkins or pieces of hides or fkins which fhall be tawed, (not before particularly charged) 30 o o Which faid duties fhall be paid by the tawers or makeis thereof into leather. And for every pound weight of hides and fkins, and of dcer^ goat^ and heaver fiiins, which fliull be drefled in oil - - - O O 6 For every pound weight of calves fKins drefled in oil - - - - - O O 8 For every pound weight of Jhccp or la?nb fkins drefled in oil - - - -003 For every icol of the real value, of all other fkins or parts of fkins drefled in oil (not before particularly charged) 15 o O For every pound v»'cight of fuch lafl men- tioned fkins which fhall be lb drefled in oil - 002 Which l- ^• J. o 3 P I 51 - ^A^lTe* (Leafier.) 97 Which fald duties fliall be paid by the oil leather drellci^. For every dozen of vellum made in Great Britain - - - - And for every dozen of parchment fo made Schedule (!' ). • Bat fuch fmnll pieces as have been commonly called pates and tails, and are tanned after they are cut oFr from the hides, fliali not be charged with the duty by weight, hut with the duty ad vaiorein ; and the fame need not to be marked as is hereafter directed, g Jn. c. ii. f. 46. 3. By tanned hides or fkins, or pieces thereof, are What Is meant meant only luch as are tanned in wooze made of the bark ^y ''"|es tanned, or trees or Ihumack ; and by hides and ikms drejjcd tn oil, ^ndtiwcd, are meant fuch as are made into leather in oil, or vvith any materials whereof the chiefelt ingredient fliall be oil ; and by tawed hides or flcins, are meant fuch as are drefi'ed or made into leather in allum and fait, or meal, or other in- gredients properly ufed by the tawers of white leather. 9 u^n. f. II. yi 3. 4. And by 24 G. 3. c, j^i. fcj/l 2. every tanner, fhall Licences to be take out a licence annually, for which he fhall pay, if taiiners"' ^ within the bills of mortality, 5 1, elfewhere 2 1. los. on pain of 30 1. f. I. And every taiuer, fhall take out a licence annually, for Tawers. which he fhall pay i 1, on the penalty of lol. id. And every drejfer of hides in oil, Ihall take out a licence Dreflers in oil. annually, for which he fhall pay 2 1. on the penalty of 20 1. id. And every currier, fliall take out a licence annually, Curriers, for which he fhall pay 2 1. on the penalty of 20 1. id. And every maker of vellum or parchment fhall take out Makersof rel- a licence annually, for which he fliall pay i 1. on the pe- ""^* nal ty of 10 1. id. And every perfon who iliall take out fuch licences fhall Licences to be renew the fame annuallv, ten days at Icait before the end ■^'^""^e'i ^^^ of the year, on the- like penalties as aforefaid. , id. ' J- 7. Provided, that perfons in partncrfhip need only take out Perfons m par(^ one licence for one houfe. id. J. 8» °^'^' '^' 5. Collar makers, glovers, bridle cutters, and others, >Vbo ftaii bs who drefs fkins or hides, or pieces thereof, in oil, allum dc.amid cw^rs and (alt, or meal, or other ingredients, and v^ho cut and make the fanie into wares, lliall be accounted tawers or drefiers. 2 Jn. c. ii.f. 2u. \oL. l\, Ci 6. The o8 (BXtitt- (Leather,) :,,Yi 6. The value of the faid hides and fkins which are to . .v,ai'cei- p^:y ad Valorem^ fhali be a?, the.- are worth to be fold at the next m:-rket, without rerpecl to the duty, and the col- leclor iha!l receive the duties, on the oath of fuch tanner, tawtr, cr dreiTer. 9 Jn. c. 11. f. 14. t: ^ leL.r'ier tc be 1 ■ ■^-"V hide or Ticin which hath once paid the duty tv, ., ch-:g!:d. {hail not be charged under any other denomination. 9 ^n. r. ii. f.'i. Qo-j-e-jf S. The cominiflioners of the treafury {ball appoint thsie aui.Li. c aimiffioners cf theie duties; who ihail have the lame poiA/eras the commiiTioners of the exxife. (^ Jn. c. ii. /. 13- 38. Places of work- 9. Tanners, tawers, curriers, or drelTers of hides or ing to be entred fkins, and maicers of vellum or parchment, fhall give no- tice in writing to the oiticer, of their names and places of abode, and of their tanhoufes, yards, worichoufes, mills» or other places, where they intend to tan, taw, or drefs hides or fkins, or make vellum or parchment, before they uie the fame ; on pain of 50 1. 9 ^n. c. 11. f. 15. And if any perfon {hall not make fuch entry, or fhall \}'if^ any private tan yard, workhoufe, pit, fat, mil], or place, he ihall forfeit 20 1 ; and the goods found in fuch private tan yard or place not entred, or the value thereof, fliall alfo be forfeited, 9 An. c. ii. f. 17. Officers to enter 10. The officers at all feafonable times, in the day and luivey. time, may enter into any tan yard, workhoufe, ware- houfe, mill, or other place ; and if the owner or occu- pier fliali refufe him entrance, he ihall forfeit lol. 9 An. c. 11./ 17. Notice of re- II. The faid tanners and others (hall give notice to the movins (.0 the officer, of their places for drying and keeping of hides or place of ns not paying as aforefaid fliall forfeit double duty ; and (hall not deliver out any of the faid goods until the duty be paid, on pain of double value, f. 25. 23. Every tanner, and other fuch perfon, fhall once in Tanners to ba^ three months (if demanded) make an account with the of- l -"" acou-its ^r ^ ^ 1 t r \ .1 • withrheoiliceis. cer, or the goods taken out or the vvooze, or other ingre- dients, and of his entries thereof, and balance the faid account by the goods which have been charged, and thofe which are in his pofleiTion unmarked and uncharged ; cii pain of 50 1. 9 yy'«. c. 1 r. y] 27. 24. Any tv/o jufticcs refiding near, may hear and de- PeaaUics how termine oifences ; who fhall on information or complaint ^^"°^"'' ^' in three months after feizure made, or ofFcnce committed, fummon the party accufed, and the v/itneHes, and on ap- pearance or contempt of the p?.rty (on proof of notice given) fhall examine -.vitnefies on oath, and give judgment, and iflue warrants for levying the pecuniary penalties by diftrefs and fa'e (if not redeemed in fix days). 9 Ait.'"c. ii.f.36. 25. And they may mitigate the penalties, the charges 6f Mitigation. the officers being always allowed over and above the miti- gation J and fo as the mitigation do not reduce th-e ' penal- ties to lefs than noe fourth part, over and above the charges. 9^«. c. ti.f. 27- 26. Perfons aggrieved may appeal to the next fefTions, Appeal. who may determine the fame, and ifiue warrants for levy- ing the penalties. 9 An. c. 11, f 36. 27. And no certiorari fhall be allowed. 9 Afi. c, 11. CercioraTu / 47- X Linen cloth jfilkSf cottons ^ and caUlcQes. By the 27 G. 3. c. 13. after loth May 1787. AH for- Fonm-v duties .,,„ J ..■ 1 J /• ■'II repealed. mer duties are repealed. J, i, 35. ' And in lieu thereof the following duties fhall be paid New duties. upon all goods which fhall be printed, flained, painted, or dyed in Great Britain^ (except fuch as fliall be dyed through- out of one colour only) as follows : For every yard in length (reckoning yard £. s. d. wide) Oi hre'ign caliicoes and nn^JJins - 007 And for every j'ard in length (reckoning yard wide) of linens and Jiii^s made either of cotton or linen mixed with other materials ^ G 3 fufllans. I02 (BXtilt* (Ll/WIj &C.) £. s. d.^ fu/lianSf vehets, velverets^ demitifSf and other figured fluffs, made of cotton and other ma- terials mixed, or w'holly made of cotton wool, wove or printed in Great B?itam; and fluffs made of woollen, or whereof the greateil part in value is woollen - - - o o 3I And for every yard in length (reckoning yard wide) of fluffs wholly made of cotton wool wove and printed in Great Britain, com- monly called Britijh manufa£iory and Bfdijli tnujiins. - - - - oosi And for every yard in length (reckoning half yard wide) of _/;/,?; printed as aforefaid, (filk handkerchiefs excepted) over and above the duties payable on importation. - - O I l^r And for every yard fquare of fdk handker- chiefs printed as aforefaid, and fo in propor- tion if wider or narrower, befides the duties payable on importation. - - - o O 4| The laid duties to be paid by the printer, ftainer, painter, or dyer thereof. And for every yard in length (yard wide) of French printed or dyed caiUcoes or mujlins (except dyed of one colour as aforefaid) im- ported from France. - - - - O O 7 And for every yard in length ('yard wide) of French printed or dyed linens and Jiuffs^ made either of cotton or linen mixed with other materials, y«/?/^;z/, velvets, veherets, de- mities, and other figured fluffs, made of cot- ton and other materials mixed, or wholly made of cotton wool (except dyed of one colour as aforefaid) imported from />««r^. -003! Licence. And every callico printer, and printer, painter, or flainer of filks, linens, cottons, or fluffs, fhall take out a licence for which he fhall pay 10 /. and fhall renew the fame an- nually ten days at leafl before the end of the year ; on pain of forfeiting 50/. 24 G. 3. c. 41.7^ 2. / i, 7. And by 7 G. 3. c. 47. whereas doubts have arifen whether ribbands andy///f5 fo printed, flaincd, or painted, be- ing lefs than half a yard in breadth, are within the mean- ing of the faid acls ; it is declared, that all ribbands and filks printed, flained, or painted in Great Britain, tho* lefs than half a yard in breadth, are within the meaning thfirpnf thereof, and liable to the faid duties, accon'! ng to the pro- portions in which fiicli ribbands and filks are inade. /. 6. But it is to be obferved, that fuch painted or ;atnpS, XIJU Plate, Importation, By 27 G. 3. c, 13. certain duties are laid upon jlate imported as particularly fet forth in a table annexed to the adt. 'True making of flat e, Affayers. I. To prevent frauds in the true making of plate it is enacted by the 12 fs" 13 /^. ^. 4. the i An. JL i. f. g. and 13 G. 3. c. 52. that (befides the city of Londoh) Tork^ Exeter, Brj/Iol, Chejier^ Norwich, Newcajlle upon Tyne^ She^eld^ and Birminghain fliall be appointed for the aflay- ing and marking of plate. And the goidlmiths, filverfmiths, and plateworkers in the faid places, iliall be incorporated into a company and chufe wardens yearly. And an affayer fnall be elected by the company in each of the faid places, who fiiall take an oath of olSce. Maker to be 2. And by the faid acls, every goldfmith, filverfmith, entred with the and plateworicer, within the faid places, and elfewhere, ■ rmTn"^^''^ fhall before betakes upon him to exercife the faid trade, enter his name, and mark, and place of abode, with the ■wardens of the company where an aflayer is, and if he fhall not make fuch entry, or fhall ftrikc any other mark but what is fo entred, he fliall forfeit double value, half to the king, and half to him that ftiall fue in any court of record in the county or place where the offence fhall be committed. AfTaying. 3* ^^^ every goldfmith, filverfmith, and plateworker, inhabiting v/here there is not an alTayer, fhall firft fix his mark. dark, and then Tend it to an afTayer ; and if it be found by the alTayertobe of the finenefs of tlie ilandard, then be flrall mark it : And if any fuch perfon {hall make any plate (lefs in finenefs than the flandard) or put any to fale (except what by reafon of its fmallnefs is not capable of the touch) before it fliall be .aflayed and marked; he Ihall forfeit the fame or the value thereof. And by 24 G. 3. c. 53. every Vi/orking gold or filver fmith, fhall fend to the, aiiay office, all pla:e made by him to be touched or aflayed, and with every parcel fh'all fend a written note, containing the day of the month, and year, the name of the maker, and place of his abode, and alfo the fpecies in fuch parcel, and number of each fpecies, with the total weight of each parcel, and the duty payable for the fame. f. 4. 4. And as to the finenefs thereof by the ftandard, it is Finenefs by the enaaed by the 6 G, c. 11. that plate may be made, either '^^"^^''*'- according to the old ftandard (of 11 ounces and 2 penny weights fine filver in every pound troy") ; or according to the new fi:ana'ard (of ii ounces and 10 penny weights): but differently marked, f. 41. 5. That is to fay, plate of 1 1 ounces and 2 penny Mark.- weights, Ihall be marked with the maker's mark, v'tz, the firft letters of his chriftian and furname ; the mark of the goldfmith's company in London^ viz, the leopard's head, lion pafiant and a diftincl variable mark to denote the year ; (or, with the mark of the worker or maker, and with the mark appointed to be ufed by the affayers at the feveral refpciiive places :) And plate of 11 ounces and 10 penny weights fnall be marked with the maker's mark, viz. the firft letters of his chrillian and furname ; and the mark of the faid company, viz. a lion's head erafed, the figure of a woman called Britannia, and the faid mark or letter to denote the year ; (or, v/ith the maik of the worker or maker, andthe mark of one of the faid cities or towns refpecStively.) 12 G. 2. c. 26 /. 5- And moreover, all plate (hall be marked with a new Additional mark of the ii/Tg-'j a;w^ befide the old marks, and the du- mark and duty, ties Hiall be paid. previous to the marking thereof, that is to fay, for gold plate made in Great Britain, 8 s an ounce, and filver piate 6 d an ounce over and above all former duties. 24C;, 3. f. 53. /. I, 5. _ The faid. duties on plate made in Great Britain, to be under the management of the commiffioners of flamps, /. 2. Aixi 128 CyCtfe. {Plate.) Allowance to be miuc. And no gold or filver plate (hall be fold or exchanged until marked as aforefaid on pain of 50 1. f, 8. But the duties fhall be returned for all plate defaced for being coarfer than the ftandard (if no fraud appear). And an allowance of one fifth part flisll be made for goods fent to be allayed in a rough ftate. J. 7, 10. Goods excepted. And the faid duties Ihall not extend to any jewellers work other than mourning rings, nor to any jointed night ear-rings of gold, or gold fprings of lockets, or to goods excepted by 12 G. 2. c. 26. id./. 9. Licence of dealers in plate. Licence. I. No perfon, who fhall trade in, vend, or fell any gold or filver plate, or any goods or wares in which any gold or filver fhall be manufaflured, fhall by himfelf, or by any other imployed by or for him, either publickly or privately, trade in, vend, or fell any piece of plate or goods, or any ware in which the quantity of gold fhall be of the weight of two ounces or upwards, or in which the quantity of filver fhall be of the weight of 30 ounces or upwards ; unlefs he fhall have firft paid a duty of 5I for a licence to be taken out in manner following. 32 G. 2. '^^ 24. / 3. TTnwtobe 2. That is to fay, if it is within the limits of the chief taken out, ofHce of excife in London^ the fame fhall be granted under the hands and feals of two commiflioners of excife; and the duty for the fame fhall be paid at the chief ofKce of excife in Lo7idon^ or at any other place, and to fuch per- fons as the faid commiflioners fhall appoint to deliver out fuch licences, and to receive the faid duty: Flfewhere, to be granted under the handa and feals of the feveral collec- tors and fupervifors of excife, within their refpeflive dif- trifls; and the duty for the fame fhall be paid by the per- fons taking out fuch licences, at the office of excife next adjoining to the place where they refpectively refide or inhabit, or any other place, and to fuch pcrfons as the commiflioners of excife fhall appoint to deliver out fuch licences and to receive the faid duty. 31 C 2. c. 32. /. 3. To be renewed 3* And frefh licences fhall be taken out yearly, ten days jeariy. at Icaft before the expiration of 12 kalendar months after taking out the former licence, f. 4. Penaltv of deal- 4- And if any perfon fhall prefume or offer to trade in, sng unlkenfed. vendor fell any gold or filver plate, or any goods or wares in which any gold or f.lver fhall be manufactured, or any piece of plate or goods or any Nvare in which the quantity of CyCiff* [Plate,) 129 ©f gold fhall be of the weight of two ounces or upwards, or in which the quantity of filver fliail be of the weight of 30 ounces or upwards as aforefaid, without firft taking out fuch licence, and renewing the fame yearly; he fhall for- feit 20 1. /. 4. 5. Provided that no perfon fhall be liable to take out Not to extend any licence for trading in, vending, or felling any quan- '^p/""^'! i*^*"- tity of gold not exceeding two penny weights, or of filver not exceeding five penny weights, in any one fepa- xate and diftindt ware or piece of goods. 32 G. 2. c. 24./ I. 6. All perfons ufing the trade of felling gold or filver Auaioneerand plate, or any goods or wares compofed of gold or filver, or °^^^^^ felling in which any gold or filver fhall be manufadtured; and dggn^.j traders, alfo all perfons employed to fell any gold or filver plate, or any fuch goods or wares aforefaid, at any auftion or publiclc fale ; fhall refpeclively be deemed traders in, fel- lers, or venders of gold or filver plate, and fhall take out a licence for the fame. 31 G.i. c. 32. y^ 6. 7. No pawnbroker fhall by himfelf or by any other for Pawnbrokers his benefit (either publickly or privately) trade in or fell and refiners, any gold or filver plate, or any goods or wares in which any gold or filver fhall be manufaftured j and no perfon by himfelf or by any other for his benefit (hall ufe the trade of a refiner of gold or filver, without taking out and renewing yearly fuch licence as aforefaid. 32 G. 2. c. 24. /• 4. And every fuch pawnbroker and refiner fhall be deem- ed to ufe the trade of felling or vending gold or filver plate, id. And if any pawnbroker fiiall trade in or fell any gold or filver plate, or any goods or wares in which any gold or filver fhall be manufactured, or fliall pra^ffife the bufinefs of a refiner, without fuch licence, or fhall not have re- newed the fame yearly, and made fuch payment as afore- faid j he fhall forfeit 20 1. id. 8. No licence fhall authorize any perfon to whom theUntowhat^ fame may be granted, and who fliall fell fuch gold or P'*"^!^^,,''' , ■' . -p , (-1 cence ihall e»- lilver plate in (hops, to trade in or fell fuch gold or filver tend. plate in any other fhop or place, except in fuch houfes or places thereunto belonging, wherein he fhall inhabit and dwell at the time of granting fuch licence, or in booths or flails at fairs or markets. 31 G. 2. c 32. /> 7. 9. Perfons in partnerfhip and carrying on their trade or Partners, bufinefs in one houfe, fiiop, or tenement only; fhall not be obliged to take out more than one licence in one year. 31 G. 2. c. 32. / 7, Vol. II. I 10. Pro- ^30 dtife. (Plate.) Piofecuiionfor . 10. Profectttions for offences may be in the courts st offences. PVeJimhi/ler ; or othcrwife, if v/ithin the limits of the chief office of excife in London^ the fame may be before three commiffioners ofexcife, and in caPj of appeal before the commiffioners of appeal ; and elfewhere, before two juftices refiding near to the place where the offence was committed. 31 G. 2. c. 32. / 11. And thefaid commiffioners of excife, and commiffxoners for appeals (in cafe of appeal), and jufiices refpeftively, Ihall upon complaint or information on oath fummon the party accufed j and upon his appearance or contempt, fliall proceed to the examination of the fadl ; and on due proof made thereof by confeffion, or oath of one witnefs fhall give judgment ; and iffue warrants under their hands for levying the penalties by diflrefs (if nbt redeemed in 14 days) ; and for want of fufficient diftrefs, fliall imprifon the offender till fatisfaclion be made, id. And they may mitigate the faid penalties of 20], as by the laws ofexcife. 32 (?. 2. c. 24.. / 8. Perfons aggrieved may appeal to the next feffions. 31 C?. 2. r- 32. / II. Difpofal of the I !• All forfeitures (the neceffary charges for the reco- forfeltures. Very thereof being firft deducted) fhall be diftributed, half to the king, and half to him who fhall inform or lue. 31 (?.-2. c, 32. / 12. Exportation, So much wrought plate fhall be exported yearly, as fliall be allowed by the commiffioners of the cuffoms or three of them. 9 £5" 10 IV. c. 28. /. i. Eut no drawback fliall be allowed on the exportation of fllver plate. 31 G. 2. c. 32. / 9. For other regulations concerning plate, not relating to any of thefe duties, the reader mayconfult the llatutes at Jarge mentioned under this head : And efpecially the 1 2 G. 2. c. 26. XIV. Salt. Officers of the !• The duties upon fait fliall be u»der the management fait duties. of the commiffioners ofexcife. 5 JV. c. j.f. 5. Or particular commiffioners may be appointed ; in which cafe they fliall have the fame power as commiffion- ers of the excife. i An. fi. i.e. 21. /. 26. And {Salt.) I :i And all collcflors and other officers for afcertainin,':, collecfling, or receiving the duty, fliall be appointed under the hands and leals of the laid commiiTioners. 5 ly . c. 7- /• 5- . • - . . And no perfon fliall a£l as chief commiffioner until he fhali before a baron of the exchequer take the oaths of al- legiance and fuprernacy, and the oath following : Tou J})allfu}iar to execute your office^ truly apd faithfully without ftw our or affection^ and fnall from time to tltne true account make and deliver to fiub perfon and perfons as his ma- jejiy Jhall appoint to receive the Jame ; and ft)aU take no fee or reward for the execution of the f aid office^ from any other per' ^ fon than from his majefly^ or thofe vjhom his majejly fnall ap- point on that behalf : So help you God. 5 AV, c. 7. f. L4. And no perfon (hall be capable of any office relating to the faid duties (other than that of chief commiffioner), un- til he fhall before two commiffioners, or two juftices of the peace where he fliall be appointed officer, take the faid oaths of allegiance and fuprernacy, and the faid lall: men- tioned oath ;/2z.'/rt//j- ;//«/aKi/V. 5 W. c. 7. f, 15. 2. By the 2 & 3^/?. c. 14. No fait of the produce of Biitifh iVIt Ir Great BritainihM be imported or landed in England; on P""*^'** pain that the fame fhall be forfeited, and alfo the fliip and tackle ; and every perfon affiiting therein fhall forfeit 20 1, or be imprifoned ux months, f i. (And by the ^ G. c. iS.f 23- this is extended to fait fliipped for exportation, and put on fhore again, or taken out of the veflel.) And the fait officers may at any time within two months, feize the fait, fhip and tackle; and if the owner fhall not in 20 davs claim the fame, and give fecurity to anfwer the value, they fhall be fold. / 2. But this fliall not extend to fait fliipped to be carried coaftwife by certificate, f 3. Alfo, where fait entred for exportation, fliall be forced into any port by weather, enemies, or other neceffity, the owner or mafter may within 20 days reland the fait, fo as entry be made, and the drawback repaid, f. 4. Alfo, where a fiiip fhali come in from any foreign part, having any fait on board, which was taken in only for provifion of the fhip ; the rijaftei may land the fame, fo as entry be made in ten days, and the duty paid or fecured as for foreign fait imported, id. 6. But if he fhall not en- ter and pay, or fecure the duty in ten days, and before it be landed, the fame fliall be forfeited ; and the mafter, owner, or importer, fhall forfeit double value. 5 G. c. 13./: 18. I 2 And 132 CjTtife. (Salt.) Salt brought 3. And wheress by the a6l of union, 5 Jn. c. S. no fait is from Scotland, avowed to be brought from Scotland to England by land, on pain of forfeiture thereof and the cattle and carriages bringing the fame, and alfo 20 s a bufhel, for which the carrier as v.'eil as the owner is liable, and the perfon bringing the fame is alfo liable to be imprifoned for fix months, by one jufi:ice, and until fuch penalty be paid. And whereas it frequently happen?, that perfons living near the borders, in whofe cuftody fuch fait is found, evade fuch penalties by pretending fuch fait doth not be- long to them ; for remedy whereof, it is enacted that every perfon refiding near the borders, in whofe cuftody any fait brought from Scotland fhall be found, (hall be liable to the fame penalties, as if he was the carrier or . owner thereof, unlefs he fhall make it appear on the hearing, that it came by fea, and that the duties had been paid or fecured. 25 G. 3. c. 63. f. 4. 3?orei2n fait By 27 G. 3. c. 13. The following duties are laid on iB&^hid.. fait imported, [viz.) Salt to be ufed in curing^?/?; imported in a Britijb built fhip, the Vi-ey containing 4c bufliels, each bufhel Geing 84 pounds - - - 5 .f. 1 1 d. If imported in d. foreign fhip - - 6 3 If not for curing y^, imported in a Britijh built fhip - - - - - 115 If imported in a ycrf/^w fhip - - i^ 9 If imported from "Jerfey, Guetnfey, Sarkj or Alderncy^ to be ufed in curingy^y^ - 511 If K the collector or cuilomer of the port, or perfon executing eiihcr of their offices ; he may weigh all the fait on board; and if there fhall not be fo much as the cocquet exprefTeth (niaking allowance for wafte) the fait remaining fhall be forfeited. i .4?i. ft. i. c. i\. f. 13. And perfons fhipping fait to be carried coaftwife, the duties for which have been paid or fecured, fliall have an allov/ance for v/aife if carried not lefs than 20 miles, of one bufncl for every 40 bufliels of white fait, and half a buffiel for every 40 of rock fait, and r.o more: and there fhall be no allowance whatfoever if carried lefs than 20 miles : which allowance fnall be made but once for the fame fait, altho' it be carried from feveral ports coaflwife- 5 An: c. 29.7." 4. 6 An. c. 12./ !. 25 G. 3. c. 63./ I. And every commander of any veflel that fhall carry fait from one port to another within the kingdom, fnall (before he hath a warrant for landing it) oelivcr to the fait officers in the port of landing, a true particular of the quantity, figned by the fait and cuilom houfe officers of the port from whence he came ; and then the mafler, mate, or boat- iwain, fljall make oath before fome of the commiffioners or their ofiicers, that to his knowledge theie hath not been laid on board any fait fince he came from fuch porj:. And if the vciTei be to deliver one part- of the fait at one ccrtj and another part at another port, then the officers for I40 CyClfe. (Salt.) for the fait and cuftoms, where part of the fait fhall be delivered, fhall certify on the back of the warrant, or by certificate alone, under their hands and fcals, ho.v much of the fait hath been there landed, on pain of foi Teitin^ double the value of the fait that (hall be otherwife de- livered. 5 IV. c. 7. j, g. And likewife 10 s a bufliel. 9 ^^ \olV. c 44. /. 12. And the o^icer at the unlading port may go on board the fhip, and demand a fight of the permit, and weigh the fait upon unlading; and if it be more in weight than is contained in the permit, the furplufage fhall be forfeited. And if the mafter of the fhip (hall refufe to (hew the per- mit, the officer may feize and detain the fait till it be pro- duced. And if he do not produce it in four days after feizure, the fait (hall be forfeited. 10 ^ 11 V/. c. 22. / 12' '3- On refliipping any fait from any boat, barge, or other veflel, and before any difpatches be granted for the faltfo refliipped, the mlfter, mate, or chief boatman, (ball make oath before the fait officer, that all the fait taken in at the place of ladinti is refhipped on board fuch veiTel, and that no fait hath been added to it or taken from it, to the bed of his knowledge and belief; on pain of forfeiting double the value of the fait that fhall be otherwife refhipped, and likewife 10 s. a bufhel. 5 G. c. iS.f 25. And where any fubje6l nath (hipped fait that hath paid duty, in order to be conveyed to fon-.e part oi England., and any of it is loft at fea (or in any porr, harbour, or river, 8 Geo. c. 4. f. II.) by (lorni, or being thrown overboa d for preferving mens lives or the vefTcl (or by finking of the {hip, or be taken by enemies, 9^10 /F". c. 44. 203 An. c. 14) ; in fuch cafe, the merchant or owner of the fait fhall, on proof made by the oath of two witnefTes, where- of the mafter or mate fhall be one, at the quarter feffions where he fliall inhabit, of the lofs of fuch fait, and that the fame was not occafioned by any leakage of the fhip, or any negligence or default of the mafter or mariners, receive from the faid feffions a certificate that fuch proof was made before them ; and on producing the certificate to the fait officer he fhal! let him buy the like quantity duty free. 2^3 /^n. c. 14. /. 18. W.hich certificate fhall alfo vacate the fecurity given for payment of the duties. 26 G. 2. c. 32. /. 6. Exportation. 26. When any fait fliall be entred to be put on board, and the duty paid or fecured ; the officer fhall, on due no- tice, by himfclf, or deputy, between fun rifing and fetting, attend €jtilt' (Salt.) 141 attend the weighing it out, without lofs of time ; on pain of 40 s. 9^10 JV. c. 6. /. 3. And the i'alt officers may go aboard all (hips exporting fait, and continue, and take an account thereof; and if any perfon fliail obftruft any iuch officer, he fhall forfeit 20 1. 1 Jn.Ji. I. r. 21. / 15. And there fhall be a drawback of the duties on fait ex- ported. 5 /F. c.y.f.ii. 10 i5f i\ iV, c. 22. f. 7. 5 An. c. 29. f. lb. Moreover there fhall bean allowance for the wafie of fait exported, if to Ireland of 2 bulhels for every 40 bufhels of white fait, and one for every 40 of rock fait ; if to the l(ie of Man., "Jerfey^ Giiernfey^ Alderney., or Sark., one bufhel for every 40 of wKite fait, and half a bufhel for every 40 of rock fait, and no more. 25 G. 3. cb'i^.f. i, 3. And if any fait, for which the duty hath been repaid on exportation, fliall be landed again before the duty be again paid and entry made, and other things performed, as in cafe of foreign fait imported ; the offender (hall for- feit double value, and 10 s a bufhel, and the other pe- nalties for foreign fait landed unentred. 9^10 W. c. 44. / 27. 5 ^V' c. 7. / 20. And if any (hip laden with fait exported fhall, by ftrefs of weather or otherwife be drove into any port, the fait officer may come on board, and continue till the (hip fhall unlade her cargo, or return to fea ; on pain of 20I, to be recovered of the mafter who fhall refufe the officer to come or continue on board. And if any part of the fait fhall be put on fliore, without entry or repayment of the duty ; the faid fait, and alfo the whole cargo of fait in the fhip, fhall be forfeited, i An, fl. i. c. i\, f. \i. And where any fait, for which the duties (hall have been paid or (ecured, (hall be Tnipped in order to be ex- ported, and the fame iliall perifla by finking of the fhip in the port, before the exporter (hall be inlitled to a draw- back ; the exporter or proprietor (hall on proof made at the next feffions, to be held next to the place where it Ihall fo perifh, of the lofs of fuch fait, receive from the faid felTions a certificate, that fuch proof was made before them ; and on producing the certificate to the collector of the fait duties, he (hall let fuch perfon buy the like quantity dutyfree. 2 b' 3 An. c. 14. j. \p. And where any fait (hall be (hipped in order for expor- tation to /r<'/^«i, and it Oiall perifh by finking of the (hip, or betaken by enemies; the exporter or proprietor fnall, on pioofmade at the quarter feffions for the place from wher.ce it was exported, of the lofs of fuch fait, receive from 14-2 €Xtlit' (Salt.) from the faid feilions a certificate, that fuch proof waS made before them ; and on producing the certificate to the officer of ihe place whfere the duty hath been paid or fe- cured, the fecurity ihall be difcharged, and the money re- paid. 4 Jn. c. 12. / If. 9 ^n. c. 21,. f. 46. Proof to be made in two years. 26 G. 2. c. 32. /. 7. Salt for curing 27. The curers of fiih for expurtation may import fo- oi'fiil). reign fait or take from the pit or work Britijh fait (or rock fait refined,) 8 G c. 16./ 6. for curing filh for exportation, without duty, except the cultoms on impor- tation ; fuch foreign falc being landed, aiid fuch tlyit-JJ) fait being taken from the pits or works, and weighed, in the prefence of an officer, and being lodged in a ware- houfe, under a lock both of the officer and proprietor ; which fhall remain there during the feveral intervals of the • iifhing feafon. 5 G. c. 18. f. 1. And any perfon whafiiall imbezil any foreign fait after importation, and before cellaring, fhall forfeit 20s a bufhel ; and any perfoPi v.'ho fliall imbezil any Britijh fait, after weighing at the pits or works, and before cellaring, Ihall forfeit 10 s a bufhei. 5 G. f. i8./ 4. The proprietor Ihall enter at the next office the quan- - tity fo by him lodged ; and the officer fhall keep an ac- count of the quantity in his culiody. 5 G. c. iS-J. i. And at the beginning of the fifhing feafon, the proprie- tor or his agent lliaM rnake oath in writing before an of- ficer at the next office, declaring the quantity fo lodged, and that it is all intended for curing of fiQi for exporta- tion only, and fhall not by his confent be delivered- but for the faid purpofe j after which oath fo made and filed, the officer in whofe cuftody the fait hath continued du- ring the interval of the fifhing feafon, fhall deliver all the faid fait into the fole cuftody of the proprietor. 5 G. And by 25 G. 3. c. 63. on the delivery of fuch fait into the fole cuftody of the proprietor, he fhall give fecurity to the fatisfa6tion of the chief officer, in double the amount of the duty, that he will account for the fame, in like manner as curers of fifh now do for foreign fait delivered into their fole cudody for Ciring fiih for exportation ; and the fame Ihall be weighed over again (if required) in the prefence of the officer, that the deficiency (if any) mav be truly afcertained ; and every fiOi curer who fliall negle6l or refafe to weigh overv/hat fait fhall remain unufed, and lock up the fame in the joint cuftody of the officer and proprietor, when required, fhall forfeit 500 1. and {hall ' never (Salt. ) ^ -1 never afterwards have fait duty free for curing fifh, or be concerned with any other as a cuier of fi(h. /. lo. And no fait after having been delivered into (I-e folc cuftody of any curer of hfh for foreign markets, ftali be delivered over to any other [-erfon, or removed to any Oiher place for curing fiih, without giving notice to the ciHcer and having a warrant from hiirij on pain of 50 1. by the owner thereof, id. And no perfon fhnll be deemed a curer of fifti, fo as to V/hofhallbe entitle him to have fait delivered to him duty Utt for curing deemed fiih fifh for foreign markets, v/ho has not a warehoufe or place wherein the fait may be fecurely lodged, under lock and key as the law direfls. id. And in the cafe of herrings or pilchards to be cured for exportation, the proprietor of fuch fait delivered duty free, or his agent, fliall inilead of tiie faid oath, make oath in writing at the next fait office, declaring the quantity of the foreign or BritiJ}} fjit refpeciively lodged for curing of nfti, and that it is intended for the curing offiili for ex- portation only, and fhall not by his confent be delivered but for that purpofe, except fo much thereof as fnall be ufed f jr curing fuch red or Vv'hitc herrings or pilchards as fhall be entred for home confumption, and charged with the duties by the feveral aiTls refpeflively chargeable thereupon. 8 G. c. 4. 8 G. c. 16. ig G. 3. c. 52. And no foreio-n fait fhall be delivered over from the jo;nt cuftody of the officer and proprietor, into the {q\q tuAcdy of the proprietor or his agent, for curing fifh for exportation ; except he give fecurity to the fatisfaftion of the chief officer of tlie fait duty in the port, that he will account for the foreign fait fo by him receiv^, or anfwer the penalties. 8 G. 2. c, 12-/3. And for every builiel of fait io lodged, which iliall be eitlicr carried away, or found wanting at the redelivering thereof into the fole cuftody of the proprietor, reafonable allov/a'nce for wafte being hrft mads ; the proprietor fhall forfeit 20 s. 5(5, c. 18./ 3. And at the end of every hfliing feafon- the officer fhall take an account of the quantity remaining in hand, which fliall be locked up as aforefaid ; and the proprietor fhall (within three months after tliC expiration of each year, 8 G. c. /i..f. 10.) deliver an account in writing into the oftlce, containing the quantity of iifh exported or entred for exportation, on which the fah hath been ufed ; toge- ther v/ith a certificate from the clTicer where it is Slipped for exportation, verifying the account ; which account Ihali be alfo afHrmed by the oath of the proprietor or his iigent, 14 4 Cjltlfe. (Salt.) agerrt, and remain in the ofHce j and if any of the fait fhall be delivered over to any other perfon, and ufed by him in curing of fi(h, that alfo (hall be exprelTed in the account, and fuch perfon fhall in like manner make ano- ther account of all the fait ufed by him : And if any fuch perfon fhall neglect or refufe to deliver fuch account within the faid t [Salt.) 145 and hake ; and mark the cafks of the other fifh, that it may be known that they have once had the allowance, 5 G. c.iB.f. 6. And the maker or curer of re;l herrings, before he re- move theni (except for exportation) from the place of curing;, fliall make entry thereof at the next fait office, and pav IS 8d a thoufand. And if they be packed up in caflcs, the number fliall be marked on the head; and a permit fhall be given by the fait officer, expreiTing the number, and the mark and number of the cafks, and for what place they are intended, and whether to be fent by land or water; qn pain of forfeiting all the red herrings removed otherwife, and alfo 40 s a thoufand. 8 G. c. 4. j. 2. And as the duties on (alt Ihall rife or fall, the i s i) d a thoufand (hall rife and faJl proportionably. f. 5. And the maker or curer of white herrings, before he remove them (except for exportation) from the place of curing, fliall make entry thereof at the next fait office, and pay 3s 4d a barrel ; and the caflc fliall be marked on the head, fhewing the contents : then a permit fhall be given by the fait officer, expreffing the quantity, and mark and number of the cafks, and for what place they are in- tended, and whether to be fent by land or water j on pain of forfeiting all the white herrings removed otherwife, with the cafks, and alfo 40 s a cafic. 8 G. c. 16./. 2. And the curer of pilchards, before he remove them (except for exportation) from the place of curing, fhall make entry thereof at the next fait office, and pay 5 s 2d-i- for every caflc containing 50 gallons, and fo in proportion ; and no curer fliall fell a lefs quantity than 25 gallons at one time ; and fuch pilchards fhall be put up in cafks con- taining not lefs than 25 gallons each; and the contents of fucii cafks fhall be marked on the head by the proper officer ; then a permit fhall be given by the fait officer, expreffing the contents of the cafks, and the marks, and for what place they are intended, and whether to be fent by land or water : on pain of forfeiting all the pilchards fold in lefs quantities, or removed otherwife than is above direifed, and the cafks, and alfo 40 s for every 25 gallons. 19 G\ 3. c. 52./ 3. And no retailer of pilchards fhall at any one time buy a ^ lefs quantity than 25 gallons; and he fhall be obliged, upon demand of an ol^cer of the cufloms or excife, to dif-* cover the name and place of abode of the curer or vendor ; on pain of forfeiting the quantity of pilchards fo purchafed or concer/iing which fuch demand fhall be made, and the cafks, and alfo the fum of 40 s. / 4. Vol. II. K And 146 Cycife* [Salt.) And the proprietors, at the end of the feafon, in theii* account as aforefaid, fliall exprefs alfo the quantity of pilchards entred for home confiimption. f. 5. And the officers at all times in the day, or in the night in prefence of a conftable, may enter into the cellars and warehoufes, and infpeft the curing of the fifh, and gage the fait, and nriark the cafks, and fee them exported ; and if any perfon fhall obftru(5l them, he (hall forfeit 20 1, 5G... 18./7. No herrings, pilchards, fcads, codfiQi, ling, hake, fal- mon, or dried red fprats, fhall after they be put on board any boat or vefiel, in order to be exported, be taken out thereof, otherwife than to put the fi{h into the fhips ia which they are to be exported, nor put on fhore but in the prefence of a fait officer ; on pain that the fame ftiall be forfeited, and alfo the fhip and tackle ; and every per- fon affifting therein, {hall forfeit 20 1, or be imprifoned fix months, 5 G. c. 18./. 23. 2 ^ 3 ^« c. 14. f. 13. If the faid fifh fhall not be exported, for want of an opportunity, while they are good and merchantable ; the owner may caufe them to be deftroyed in the prefence of an officer ; and the officer's certificate that they were de- ftroyed, fhalJ be admitted to verify the account. 8 G, c. 4. f. 4. Note, By the i An.Jl. i. c. 21. no perfon fliall cure or ^ pack pilchards, f©r faie, unlefs he be owner or part owner of a feyn or drift net, or have the confent of fuch owner in writing, and that on each cafk or hogfliead the vjoxd feyn or drift fliall be burnt with an iron, together with the name and furname of the owner, and the number of pil- chards ; on pain of double value, y^ 31. And if the crew of any vefiel, whilft employed in the white herring fifliery, fliall catch any cod, ling, or hake, they may take fait for curing the fame, for which they 'fliall be entitled to the fame allowance as if it had been ufed in curing herrings; but no bounty fhall be allowed on the exportation of fuch flfli ; and on the landing thereof, and before they are removed from the fhore, they fliall have a part of the tail cut off in the prefence of the colledlor or controller of the port, to denote that the owner is not entitled to any bounty upon the exportation thereof; and if removed before being fo marked, they « fliall be forfeited, and double the value thereof, to be re- covered of the importer, proprietor, or mafter of the veffel. 25 G. 3. c. 65. / 4. 9. Cod fidier/ m And for encouraging the cod fifliery in the North fa the North fca and /aV^v/^'; the mafter of any veffel bound to thofe feas, and Iceland. ^^jj ©yeife. [Salt.) 147 fliall be allowed to take fait from the fait works duty free, to be weighed out in the prefpnce of an officer, and lodged - in a warehoufe under the joint locks of the owner and officer until the fifeing feafon, and If the whole fait in fuch vefTel fliall not have been ufed, the fame fhall he re- turned and lodged in like manner, until the next fifliing feafon ; and previous to every voyage, the proprietor of fuch fait, fliall make oath in writing before fuch officer, of the quantity fo lodged, anjj^ that the whole is intended for the curing of fifh caught in the faid feas, and the fame fhall not be fold, given, or anv ways delivered but for the purpofes aforefaid : and fuch proprietor fhall at the end of every fifliing feafon, deliver a written account upon oath to the fait office, fpecifying the quantity of fifh en- tered at the port where landed, which have been cured by fuch fait, together with a certificate from the officer of fuch port ; and if any perfon fhall for fix inonths after the end of every fifhing feafon, refufe or neglect to deliver , fuch account attefled as aforefaid, he fliall forfeit jool. And all fait which fhall not be accounted for as by this a£t diredied, or by certificate from the quarter feffions, that proof was there made, that fuch fait was put on board fome veffel for curing of fifli at fea, and was there taken by enemies, or otherwife loft at fea ; or fliall not be re- turned, or found remaining at the end of every fifliing voyage as aforefaid, the proprietor or perfon v/ho took out the fame, fliall forfeit 20 s. a bufhel : And every fuch perfon felling, giving away, ufing, or delivering fuch lalt, or confenting, or being privy thereto ; or buying, taking, or ufing the fame, otherwife than for the purpofe and in manner aforefaid, fl-jall forfeit 20 s a bufliel • And for every bufhel which fhall be found wanting after having been lodged as aforefaid, at the delivering thereof into tlie fole cultody of the proprietor (reafonable allow- ance for wade being firfl: made) the proprietor fhall for- feit 20s. / II, 12. And if any perfon fhall unlawfully take away, embez- Embezzleing zle, or mifapply any Britijh fait, after being weighed and ^^^^' carried from the fait works in order to be locked up for the curing of fifh, and before it is i'o locked up, he fliall forfeit 20 s a bufliel, at 56 //>. to the bufliel. f. 13. • And no fifii curer, fhall fell, retail, or vend anv fait No iifh curej to other thantofifli curers, on pain of 20 s a bufhel, and fliall '"'^'i ("fit except never aftervi^ards be allowed to have fait duty free, or be concerned with any other perfon as a curer of fifli.. 25 (?. 3.^.63.7:8. K 2 No 148 €^ik, {Salt.) Herrings catiglAt No herrings caught on the coaft of the l/Ie of Man, and T^fn ^^'f^f cured there, fnall be exported from thence,' 'till fuch certi- ihe Ifle ot Man. „ •i-i--.i ^ ncate is obtained as is required by 12 G. 3. c. 58, on pain of 40 s a barrel, to be recovered of the owner, proprie- tor, or mafter of the veffel. id. f. 9. Saltfor curing 28. For every barrel of faked beef or pork exported of beef and for fa!e, there {hall be allowed 5s a barrel, to be paid ^^ ' by the fait officer in 30 days affer demand, on a deben- ture to be prepared by the collector of the cuftoms, and verified by the fearcher as to the quantity, and that it is good and merchantable ; and the oath of the exporter or agent fhall be flrft taken before the principal officers of the port, that it was faked with fak for which the duties have been paid and not drawn back, and that it is really " exported for fale, and that no part thereof was fpent nor intended to be fpent for the {hip's ufe, and not intended to be relanded ; and the fait officers, on exportation of beef or pork, may mark the barrel or vefiel, that it may be known to have been exported. 5 Jn. c. 29. f. 8. And if any fuch beef or pork fhafl be relanded, it ihall be forfeited, and alfc 40 s a barrel ; to be recovered of the importer or proprietor, f. 9. Uling brine or 29. No pcrfon {hall \\{s: any brine before it is boiled rock fait for Jnto fait, or any rock fait before . it is refined into white or fim." ^ ^^^^ ^^'^ p.ickling or curing of fle{h or fifh, or preferving any provifions ; on pain of 40 s for every gallon of brine, or pound of rock fak. i An.Ji. i. c. i\. f. 5. And every perfon who {hall carry any brine from the fait pits (other than the known proprietors of pans for boiling it into white fak) fnall likevvife forfeit 40 s a gal- lon. 5 G. c. 18 / 17. Salt rebn<^,ed 30. Where fait {liall be (hipped on board any boat, from boats ©r barge, or other* veilel, in order to be carried down any o ttve. ^is. ri^er^ or to be carried coaftwiie, for the purpofes of the jfi{hery, or to be re{hipped for exportation, or otherwife, and the fame or any part thereof fnall be landed without the prefence of an officer ; all fuch fait fo landed fhall be forfeited, and alfo los a bufliel ; to be recovered of the owner of the veilel ; and alfo the veflel fhall be forfeited, to2;ether with the furniture ; and every perfon that fnall take any fait out of fuch veflel, or carry the fame un fhore, or convey the fame from the fliore when landed, or {hall be affifling therein, fhall forfeit 20 1. 5 C. 3. c. 43. /41. Powprof the oj. All penalties and forfeitures given by any atfl rc- juihces. lating to the duties upon fak (except where it is herein n otherv/ile othervvife dIrciSlcd) (hall be e-nployed, h?.lf to the ufe of tlic king, and hall to him who iluill fcize or inrorm, to be recovered in fuch manner, ami with iuch power of" miti- gation, as any forfeiture may be by any law of excife ; or in the courts at IVc/iminJier. And every I'uch officer may feize all fait and ofher things, which by any Inw relating to the duties on fait are declared to be forfeited. 5 G. c. 18/ 26. 24 G. 2. c. 40. f. 33. And by the 5 G. 3. c. 43. In all cafes, where fait or fifli of any kind fliall be liable to feizure, by virtue of this or any former act ; the bags, facks, calks, or other package, and alfo the carriages, horfes, and O'her catile, made ufe of in carrying; the fame, (hall be forfeited, and may be feized accordingly. ' f. 4.5. And a fummjns left at the houfe, fhop, or ufual Summoning place of refidcnce of any offender, or with his wife, «'^^"'''^'^' child, or fcrvant fiiall be deemed a fafScient fummons. -5 ^- 3- ^.63. / 13, 14. 32. And if anv perfon is- aggrieved by an order of two Appeal. juftices relating to the duties upon fait, or to any forfei- ture or ofj-'ence concerning the fame j he may appeal to the next quarter feilions. lO ^ 1 i IV. c. 22. / 9. 33. But no dealer in falc fnall act as ajuiliceof the Dealer in fait peace in any matter relating to the dupies upon fait; and nottoaaasa if" there fliall not be a fufficient number of juftices in any^"^'*" corporation, not dealers in fait, the juftices af the county fliall have power to a6t" therein. i An. Ji. i. c. 21. 34. If any fait, as well Brititn as foreign rock fait, or Proof to lie on fait refined from rock fait, or red" or Vv'hite herrings, or any the ciaimerand ether fort of fifii, be feized for non-payment of duties, cir "'^^g" any other caufe of forfeiture, by any of the laws relating to the duties on fait or fifn now in force ; and any difpute (hall arife, wliether the fame had been duly entred, and the duties paid or fec-ured ; or that Iuch fait or fifti had been legally condemned ; or that the lalt had been duly entred and locked up for the fifhery ; or that the quantity of fait ufed in the curing of iifti, as fet forth in the curer's account, was ufed : the proof ihall lie on the owner or claimer of fuch fait or herrings, or the curcr of iifh^ and not on the officer. 5 G. 3. c. 43. / 44. And there is the fame indemnity for the ofScers of the Officers Indem- falt duties in the due execution of their office, as is provided "'''^'^' by 23 G. 3. c. -jQ). for the officers of excife : which is fet forth at large under title Exc'ije In general. 25 G. 3. c. 63. /• ^5: ^^ I7> '8. I^O [Soap.) XV. Soap. By 27 G. 3. c, 13. certain duties are laid on foap im- ported, as particularly let forth in a table annexed to the act. And upon the exportation of foap made in Great Britain., and which hath paid the duties, the fame fhall be drawn back. id. And by*the faid z6k the following duties are impofed on foap made in Great Britain^ (v'^O For every pound of hard cake foap, or ball foap - For every pound of foftfoap - - - - The faid duties to be paid by the maker. And the following allowances fhall be made for foap ufed in the manufactures in Great Britain., (viz.) For every pound oi hard cake fapxiied in making cloths, ferges, kerfeys, bays, itockings, or other manufactures of fheep or lambs wool only, or whereof the greateft pa«t of the value of the ma- terials fhall be wool, or in the finifhing the faid manufactures, or preparing the wool for the fame For every pound ai foft foap ufed in like man- ner --_-_-__ And for tvQry pound of hard cake foap or ball foap, ufed in whitening of new linen in the piece for fale ------- - For every pound o'i fofi^foap ufed in like man- ner __-.__-_ And for every pound of foap made and ufed in Great Britain \>z{oxt ^K\\ July 1788, in preparing and nniftiing any manufactures from fiax or cotton for fdle (except for whitening new Inien as afore- faid) - - _ And the commiffioners of the treafury fhall appoint ccmmifiloners for the duty on foap made in the king- dom J who {hall fubiticute inferior officers. \o Aru c. 19. No perfon, within the limits of the head office of excife in London^ fhall be permitted to make any foap, unlefs he occupy a tenement of 10 I a yc^r, and be af- k^ltA to and pay the parifh rates ; and eifewhere, unlefs he be affefled to and pay to church and poor. 170. 3. c. 52. / I . Lvery il OT ol €XCiU. (Soap.) 151 'Every foap-maker ftiall take out a licence for which he Soap-makers tQ fhall pay 2 1, and (hall renew the fame annually, ten days l^e ikenfed. at leaft before the end of the year, on pain of forfeiting 20 1. 24 G. 3. c. 41. /ejf. 2. /. I, 7. And no nrialcer of foap ^all fet up, alter, or ufe any pi^gg^jf ^^l^, boiling houfe, workhoufe, warehoufe, ftorehoufe, fhop, ing tobeentred, room, or other place for the making or keeping of foap, or for the boiling or keeping any oil, tallow, pot-alli, lime, or other materials proper to be made into foap; or ofe any copper, kettle, furnace, fat, ciftern, trough, or other vefTel for the boiling or making of foap, without firft giving notice tliereof in writing, at the next office for the faid duties ; on pain of 50 1. 10 Jn. c. ig. f. 6. And all foap, oil, tallow, and other materials, which fliall be found in any private bailing houfe, workhoufe, warehouse, or other place, and all private coppers, ket- tles, furnaces, troughs, and other veflels, -for which no entry (hall be made, or notice given, (hall be forfeited, and the value thereof. 10 An. c. 19. /. 19. And by the 5 G. 3. c. 43. Whereas offenders frequently Summoning withdraw themfelves to avoid the aforefaid penalty of clan- o^enders. deftine making of foap, it is enacled, that a fummons left at the place where difcovery I]iall_be made of fuch offence, directed to the perfon profecuted by his right or afflimed name, ihall be as effectual as if delivered perfonally, and diredled to him bv his proper name. f. 19. And every perfon who fhall make any hard foap, Covers an.i locks fliall at his own e'xpence provide fufScient wooden covers to be provided. (to be approved of in writing by the fun'eyor or fuper- vifor) to every copper, pan, or other utenfil, v^^herein he fliall boil ot make any hard foap ; which veffeis, with • the covxTS thereto affixed, and alfo the pipes that convey the wafte or fait lees from the faid coppers, pans, or other utenfils, fhall be locked and fealed down by the officer, as foon as the fire is damped or withdrawn, whenever any foap or any thing of a foapy quality fhall b,e left therein. Which, faid locks, and keys to the lame, and all other necellarv failenings>for fecaring the faid veiTels and pipes, fhall be provided by the furveyor or fupervifor, at the ex- pence of the maker. And. if any perfon fhall make any I hard foap before he fliall have affixed fuch covers, or fhall refule to^pay for the locks and kevs and other faftenings as ij/orefaid, or fhall wilfully break or damage any fuch lock, or feal, or other faftening ; he fhall forfeit 100 1. 5 G\ 3. r 4<. /. 15. 12^.3.^.46.7:7. And the cover and furnace door ar.d afli-hole door of Furnace doors, every copper, pan, or other utenfii ufed by any maker oi ^^- to be lock- K 4 hard ^^' is 2 CjTCtfe. [Soap.) hard foap, fhall be fccurely locked and fealed down by the officer, at all times except when the fame fliall be at work, or fhall be opened for repairing the fame, or for the infpeilion of an officer; and proper locks and keys, and other neceflary faftenings for fecuring the faid covers and doors, fiiall be provided by the furveyors and fupcrvifors, at the expence of fuch maker ; and whenever fuch maker fhall be defirous of opening fuch copper, pan, or other utenfil, or the furnace or adi-hole door, he fhall give, if in London \i hours, clfewhere 24 hours ffotice thereof to the officer, who fliall attend to open fuch doors : And if by any device any perfon fhall open fuch copper, pan, or other utenfil, op the furnace or afh hole door thereof, after the fame fhall have been fo locked and fecured ; or fhall wilfully damage or hurt any fuch lock or other faften- ing, he (hall forfeit icol. 24 G 3. c. \%. fcjf. 1. f. 9. Officers to enter And the officers (hall at all ti:!ies, by day or by night, and snd I'urvey. without waiting for the prefence of a conflable, be permitted on requeft to enter the houfe, boiling-houfe, warehoufe, or other place ufed by any maker of foap, and by gauging, weighing, or otherwife, take an account of the quantity of foap, and alfo of all materials for the making thereof, in the pofTeffion of fuch maker, and fhall be permitted to fray in fuch houfe or other place fo long as he fhall think fit ; and fhall make a return thereof in writing, to the commiffioners, or whom they fhall appoint, leaving a tr^e copy if demanded, with the maker ; and i'f fuch officer fhall refufe or negle61: to leave fuch copy (after demand in writing 12 G. c. 28. / 30.) he fhall forfeit 40 s. And if any maker fhall obflrutSt fuch officer he fhall forfeit 50 1. / 7. 10. And by the 17 G. 3. c. 52. When any copper, pan, or other utenfil, or the furnace doors thereof, fhall be fecured as aforefaid, the furveyor, fupervifor, or other officer, fhall between the hours of five in the morning and eleven in the evening be permitted on demand to enter every workhoufe of fuch maker, and may unlock and examine every fuch copper, pan, or utenfil, and the doors thereof, and after fuch examination fhall again lock and fecure the fame : And if any perfon fhall obflrudl the - officer herein, hefh^ill forfeit igoI. / 9. - . ,^„ .^ ' No maker fhall have any private pipe or convey- cjii'.tjanc'e. ance, on pain of 200!. And the officer, in the day time, and in prefence of a conflable, on requefl made and caufe declared, may break up the ground in any foap houfe, or the ground near adjoining, or any wall, partition, or other place, to fearch j and if he finds any fuch private pipe (Soap.) 153 pipe or other conveyance, lie may break up or cut the lame ; AnJ if any perfon fhall obflruul the officer in iuch fearch, he fliall forfeit icol. 17 G. 3. c. 52. / 10. II, 12. Provit^ed, that if upon fearch no fuch pipe fhall be found, the officer fliall make good the ground, wall, or other place, or make fatisfatSlion to the owner, to be ad- judged by the two next iuftices : or he may bring his adtion for the damages, j. 12. And the make/fhall once in every lunar month per- fectly cleanfe every copper, pan, and other urenfil, and fliall give three days notice thereof to the officer : And when cleanfed, the officer may make fearch; and if he' finds anv hole not before known, the owner (hall be liable to the penalties for concealing foap (that is, he ftiall forfeit 500I. I G. Ji. 2. c. 36./ 14, 15. )> ^"- lefs he {hall prove that it was made by burfling or other accident fsnce the lafl- furvey, and that he had given no- tice thereof to the officer who firft came to furvey after fuch accident happened. And if fuch maker fiiall neglect to cleanfe his copper, pan, or other utenfil, or to give fuch notice as aforefaid, or (hall obftruci the officer in fearching and examining, he fhall forfeit 50 1; f. 14. And no maker fliall have any pipe or other conveyance from or to any copper or pan made u^c of in boiling foap, except one moveable pump for taking out fait or fpent lees, which pump fhall be taken out of fuch copper or pan before locked down by the officer; and fliall not have any cock or hole in the fide, or curb, or bottom, or cover of fuch boiler or copper, except fmali holes to let fieam through ; nor fhall have any part of the curb move- able, nor fliall ufe any fyphon, crane, or trinket, but fliall take out all lees, foap, or other ingredients, by a pump or ladle only ; on pain of forfeiting 500 1. 24 G. 3. .. 48./#2. ..8. Every maker of foap, before he begins any making, Notice of the if within the bills of mortality, fliall give 12 hours, if time of working, elfewhere, 24 hours notice in writing to the officer, of the time and hour when he intends to begin ; on pain of 100 1. (24 G. 3. c. ^^- fejf. 2. c. 12.) And the officer fliall attend accordingly, and unlock the furnace doors. II G. ^. 30. / 33. 17 G. 3. c. 52. /. 8. And putting lees or lye into the copper or other uten- fil, fliall be deemed a beginning fuch making, fo as to fubjedl him to the forfeiture. 11 G. c. 30. / 34. And if the maker fliall not begin in three hours after the time mentioned in fuch notice, the fame fliall be void 5 154 CjCCffe. {Soap,) void ; and if he fhall begin without'^giving a frefh notice, he fliall forfeit lool. 24 G. 3. c. i^%. [cjf. i..f. 12. And if the copper or other utenfil be locked or fealed down, the oificer fhall attend to unlock and open the fame, after the maker hath given to him 12 hours notice if within the limits of the head office in London.^ and elfe- where 24 hours notice, of fuch his intention. And if by any contrivance fuch maker fhall open any copper, pan, utenfil, or pipe, before the fame fliall have been opened by the officer j he (hall forfeit 20 1. 5 G. 3. c. 43. And no maker of hard foap lna!l, upon any pretence of cleaning or wafliing any copper, pan, or other utenfil, ufed in boiling of foap, or on any other pretence, prefume to light any fire under the fame, without firft giving fuch notice; on pain of 20 1. f. i6> Frames to be Every maker of hard foap fhall make ufe of regular m.'.aeufeofin fquare or oblong frames only, for the cleanfing or putting wurkmg. 9 his foap (whether perfect or not perfe£l) into, when taken out of the vefTei where it was boiled or prepared ; and the bottom, fides, and ends of every fuch frame fhall be 2 incnes thick at the leaft ; and fuch frame fhall not exceed 45 inches in length, nor 15 inches in breadth ; of vvhica frames he fliall give notice in writing at the next office, before he fhall ufe the fame ; all which faid frames Ihall be marked and numbered by the furveyor r.r fuper- vifor, at the expence of fuch maker : on pain of forfeit- ing, for every fuch oiFcnce refpeclively, the fuin of 20 I, 5 G. 3 •^. 43./ 17. Reworking ftale If any flale or rotten foap, or cuttings, be put into ft'ap' the copper or pan, -in prefence of an officer, to be re- frefhed or new made ; the officer fhall make allov/ance of the duty, and certify the fame upon his report. 10 Jiu c. 19. / 28. Bur if it fhall be put into any making of foap, without giving to the officer 12 hours notice in v/riting within the bills, and 25 hours elfewhere ; theie fhall be no allowance made for it. %i G. c. 30. f. 37. And if any officer ihall falfely pretend that he had fuch notice when he had not, and make and certify fuch allow- ance ; he, and alfo the maker, fhail forfeit ic s for every pound fo certified, f. 38. But no /;rt>7/ foap (wliether perfectly nade or not), after the fame fb^ll have been cieanfed or puc into the irame, fhall on any pretence be returned or put again into the copper oA other utenfil, for boiling or reworking j and if ic C;rcife. [Soap.) 155 it fhall be fo returned, it fhall be changed again with the duties. 5 G. 3 c. A,!,, f. 18. hvA the officer flial! allow to the maker in his chara;e, one pound- in Qvcry ten of iuch hard foap ; which fhall be a full compenfation for all wafte, lofles or damages. And the maker {hall keep juft fcales and weights where Scales and he makes his foap, and permit and affift the officer to weights. uie them ; on painof Jol. \o Jn. c. 19* /. 13. And by the /o G. 3. c. 4.4. if he fliall ufe infufiicient fcales or weights, he fhall forfeit luol: but not to be profecutcd both on this and the former aft. And any officer may, as often as he (hall think fit, by Officer to charge gauging, weighing, or otherwife, take an account of all *"'.■ '"^'"'^'^ tallow, oil, rofin, and greafe of every kind, and of all "^' '"^" materials for making fo;.p, which any maker fhall have in his pofl'effion ; and fuch maker fhall provide proper fcales and weights, and affift in v/eighing and taking fuch account, on pain or 20 1. And in cafe the officer fliall find any decreafe in any materials for making foap, and fhall not receive a fatisfa6tory account thereof, he fhall charge the maker, v»'ith the duties for fuch decreafe, ac- cording to the ^rates following (that is to fay) for every 14 hundred weight, or 210 gallons of oil miffing, 20 hundred weight of hard foap. For every 13 hundred weight of rendered tallow, 20 hundred weight of hard foap. For every 13I hundred weight of kitchen fluff and tal- low, 25 hundred weight of hard foap. For every 14 hundred weight of tallow, rofm, and oil miffing 20 hundred weight of yellow, brown, or rofm foap. 24 G.J. c. 48. ffjf. i.f. II.. And every fo .p maker Ihsll, before he begins to charge his boiler or copper, weigh in the prefence of the offixer, all the materials he intends to make ufe of and put into the boiler or copper, and in cafe the quantity of hard foap afterwards produced therefrom, fhall be fodnd by the gauge in the frames to be lefs than ought to have been produced according to the rates aforefaid, fuch deficiency fhall be charged v/ith the duties thereupon, according to the rates before mentioned ; provided, that if fuch boiler or copper (hall have been charged with rough fat, or rough kitchen greafe, then 8 lb. of rough fat, (hall be deemed equal to 7 lb. of tallow, and 5 lb. of rough kitcTien greafe to 41b. of clean kitchen greafe. j. 13. And by 27 G. 3. c, 31. Every foap maker, when and Materials to b« as often as lie fhall be required by any ofncer j belorc he "■'^'s''«'^' 2 charge 15^ C;CClfC. [Soap.}, charge bis copper or boiler with any materials for making foap, fiiall weigh fuch materials (except lye) in the pre- fencecfthe ofiicer, and put the fame into fuch copper or boiler; on pain of forfeiting 50 1. f. i^.,. „ . , And no maker {liall (on pain of 20 1) remove anv foap Removing loap f,., iif , 1, <- ' r unfurvcy^u. of which no account hath been taken by nse or+irer, trom where it was made, without giving the ofiicer within the bills 24 hours notice, and in other parts two days notice, of his intention to remove the fame. 10 Jn. c. i^. / 16. Unfuivcyed to And the makers (hall keep all the foap by them made, bekeptfeparace, aj^d not furvevcd, feparate from that which hath been furveyed, for 24 hours after making, within the bills, or two days in any other place ; unlefs it fhall have been fooner furveyed; on pain of 5I. 10 //«. <:. 19./ 17. Concealing. 'And if any maker fhall conceal any foap or materials ; he fnall forfeit the fame, and alfo 500 1. 1 G.Ji. 2. c. 36./ H> 15- And by the 5 G. 3. c. 43. If the officer fhall have caufe to fufpe£t, that foap is privately making in any place; or that any loap is concealed with intent to avoid the duty ; in !uch cafe, on oath made by fuch officer be- foie a com.miilioner or one jultice refiding near to the place, fetting forth the ground of his fufpicion, fuch com- millicner or jultice may, if he fnall judge it reafonnble, by fpecial warrani authorize fuch officer, by dayor night (but if in the night,, inpiefenceof a conftable) to enter into every fuch place (ufped'ted, and to feize and carry away as forfeited all fuch foap as he fhall there find fo privately making, together with all materials then ready or prepar- ing for making of foap, and likewife all fuch foap as they fhall find fo concealed, together with the boxes or other package : And the perfon ihat (hall be found piivately making foap, or in whofe pofTefTion fuch foap fliall be , found, fnall forfeit tool. f. 20. T>!ea'"ureof Eveiy barrel of foap Ihall contain 256 pounds averdu- *°^P' pois ; half barrel 128; firkin 64; half firkin 32; be- fides the weight or tare of the callc. And all foap ; (except hard cake foap, and ball foap, 10 Jri. c. ib. /ill) Hiall upon making thereof be put by the maker into fuch cafk, and none other. 10 An. c. k^-J- 8. And all loft foap that fnall be filled in any other cafk lefs than barrels, half barrels, firkiris, and half firkins, fhall be forfeited, and alfb 5I. 12 /m. jl. 1. c. g. f. 19. Sellin? foan. -^^^ "o maker fnall fell any hard foap, but in the form of cakes or bars, or what is called balljoap ; and fhall re- turn all fcraps and pairings into the boiler in the prefence or €jltboard. Landing whh- cut duty paid. fplrlts, as particularly fct forth in feveral tables annexed to the fa id act. OfficTs mav To enable the gagers the better to afcertain the proof take famples on of all foreign importeH liquors liable to the duties of ex- cife; it fliall be lawful for the gagers or other officers of excjfe, at any tiire before the gaging, to take a fample not exceeding half a pint, cut of each cafk cr other pack- age containing foreign fpirituous liquors imported, Vv'ith- out paying any thing for the fame. 32 G. 1. c. 29,. And if any perfon fhall land zny French brandy, before the duty be paid or fecured, or without licence from the proper officer fo to do; he, and every perfon aiding there- in, or concealing the fame when landed, fhall not only -forfeit the fame, but alfo double value: And if any officer of the cuftom.s or excife fhall connive thereat ; he fhall be incapable to hold any office in the revenue, and forfeit 500!. I An. ft. 1. c. 14, Provided that, in order to have an opportunity to fell the fame on fliipboard, it ihall be lawful for the importer or proprietor of any foreign fpirituous liquors, to take, in the prefence of a gager or other excife officer, a* fample, not exceeding half a pint, out of every caflc or other package, whilll: the fame lh<;ll be on fhip board, and before landing. Without paying any duty for the fame. 32 G. 2. c. 29. And the officers of excife may go on board any fliip or veflel, and fearch in like manner as the officers of the cuftom.s may do, for any excifeable liquors, and feize all fuch as fhall be forfeited, and fuch as fhall be unfhipped before entry and payment of the duties, together vi^ith the cafks and other package. \\G. c. 30. f. i- And if any officer of the excife have caufe to fufpecl, that any foreign fpirits fhall be fraudulently concealed in any place, entred or not entred, if it is within the bills of mortality, then on oath made before two commiffion- ers, if elfewhere, before one juftice, where heTufpecis them to be concealed, fetting forth the ground of his fuf- picicn; he or they may by fptcial warrant authorize fuch officer by day or night, but if in the night in pre- fence of a conftable, 10 enter, feize, and carry away the fame as forfeited, together with the cafks or vefTels: and if any perfon fhall obftru6l fuch officer, he fhall forfeit looi. \i G. c. 30./ 2. And by a general claufe in the 8 G. c. 18. All brandy, arrack, rum, fpirits, and ftrong waters, Br'it'ijhox foreign and all foreign excifeable liquors forfeited, together with the cafks or other package, mav be feized by any officer of Excife officers may go oa boaxd. Warrant to fearch. Who only may feizs. (S^CfTC* [Spirituous liquors.) i6i of the cuftoms or excife, or perfons deputed by warrant from the lord treafurer, or under treafurer, or by fpecial commiffion under the great or privy feal, and no other perfon. /. 24. And if any perfon fhall obftru(?t any ofHcer of the Obftruaing the cuftoms or excife, in feizing or fecuring any of the faid "^^"' liquors, or endeavouring to refcue them after feizure, or fhall after feizure ftave, or otherwife damage any calk, or vefTel; he fhall forfeit 40 1. 8 6-'. c. 18./ 25. But no perfon fhall be intided to any reward given on Notice to be fuch feizure, unlefs he give notice to the next offi. er of given of feizure* excife, or to the fupervifor, in 48 hours; who (hal!, on fuch notice, take an account of the fpecies and quantity; nor fhall fuch goods be afterwards removed without a per- mit from fuch officer of excife, on pain of being re-feized, 12 G. c. 28. /. 6. If any foreign brandy, arrack, rum, flrong waters, In what fliipst« or fpirits of any kind (hall be imported, in any fliip or be imported. veflel of 100 tons burden or under (except only for the ufe of the feamen, not exceeding two gallons each) ; fuch veflel with her tackle, and alfo the fpirits, fhall be for- feited. 5 G. 3. c, 43. J. 27. Except rum, or other fpirits of the growth and manufa£ture of the Z?r//jy^ fugar plantations; which maybe imported in any vefTel of \ not lefs burden than 70 tons. 6 G 3. f. 46. f. 9. And to preve::it clandeftine landin;, of fpirits from Ire- land-, If any brandy, rum, ftrong waters or other fpirits fhall be entred or fhipped for exportation from Ireland^ to any place not within the fame kingdom, in any vefTel under the burden of 100 tons (except only for the ufe of the feamen, not exceeding two gallons each); the faid vefTel with the tackle and furniture, and alfo all fuch fpirits, fhall be forfeited. 5 G, 3. c. 43. f. 30. And where any vefTel of 50 tons or under, being in Ships hovering part or fully laden with brandy, (hall be at anchor, or "^" '^'^^ "*^* within two leagues from the fhore, and not proceeding on her voyage, wind and weather permitting ; the com- mander of any man of war or armed floop appointed for the guard of the coafl, or the commander of any floop or vefTel in the fervice of the cufloms, may compel the mafter to come into port ; and the fame fhall be liable in all cafes as (hips hovering within the limits of any port. 6 G. f. 21. / 31. And if the mader, purfer, or other perfon having charge of the vefTtl, (hall fufter an) brandy (or other un- cuflomed goods) to be put out of the fnip into any hoy, lighter, boat, or bottoip, to be laid on land ^ he fhall. Vol. II. ^ L befides 1 6 2 (B^titt' (Sph'-ituotis liquors.) befides the other penalties, fufl'cr fix months imprifon- ment. 6 G^ c. 2\. f. 32. And by the 9 G. 2. c 35. Where atry vefTel coming from foreign parts, and having on board any foreign brandy or Ipirits, in cafks under fix gallons (except only for the ufl^ of the feamen, not exceeding two gallons each) fhall be foUnd at anchor, or hovering within two leagues oF the fhore, or be within the limits of any port, and not proceeding on her voyage, wind and weather permitting; all fuch fpirits, with the cafks and other package, or the value thereof, {hall be forfeited (whether bulk fliail have been broken or not) ; and the fame may be feized, or the value thereof fued for by the officers, f. 22. And if fuch veffel do not exceed the burden of 50 tons, the faid veflel a!fo, together with her tackle and furniture, fhall be for- feited. 3 G. 3. c. 22. f. 5. In what cafks to No brandy fhall be imported in any veflel not contain- be imporieJ. j^g 5q gallons at leaft ; on pain of forfeiting the fame, or the value. 4 JV. c. 5./ 8- And no ^^»^z;^, or riim^ fhall be imported in any vefTel or cafk, not containing 60 gallons at the lead (except only for the ufe of the feamen, not exceeding two gallons each); on pain of forfeiture. 5 G. 3. c. 4.3. f. 28- Provided, that if it fhall be made appear to the fatis- {zQdoxi of the commiffioners of the cufloms, that any-rum, being the produce of any of his majefty's dominions in Ainerica.i fliall be imported from thence in fmall cafks, without fraud or concealment, either for the ufe of the mailer in the voyage, or for the private ufe of merchants or traders importing the fame, or defigned as pxefents, and not by v/ayof merchandize; they may, if they think pro- per, admit fuch rum to an entry, and caufe the duties to be accepted inftead of the forfeiture, f. -29. riscesof keep- Whereas the illegal importation of foreign fpirits is ingtcbeentrcd. gj-gj^j]y pj-Qj^jpfg^ ^y f;,c^jjipyg entries of llorehoufes and other places for keeping fuch liquors, by evil minded and indigent perfons ; it is therefore enafted, that no feller of or dealer in foreign fpirituous liquors, refiding within the limits of the head office of excife in London (not being a retailer thereof duly licenfcd) fhall be permitted to make entry of any warehoufe, fiorehoufe, room, fiiop, cellar, vault, or other place for keeping any foreign fpirituous liquors; unlefs he fhall inhabit in a tenement of 12 I - year or upwards, and for v.'hich he is afPeiTed in his ow;^. name, andalfopay to the parifli rates; and in no other part of the kingdom, unlefs he be alleiicd and pay to church (B^C Ut' (SptrhuQUS liquors) 163 church and poor: otherwife he fliall be liable to forfeit as dealing therein without entry. 23 G. 3. c. ']0.f. i. And where any entry ihall be made, no other feller or dealer (not being a joint trader or partner with fuch feller or dealer) however cjualified, (hall make entry of the fame, or of any other warehoufe, room, or place, with- in the fame houfe; on pain of being fubject to the like penalties, f. 2. All rum or fpirits of the growth or manufc'clure of the Rum may be Britifh fugar colonies (imported diredly from thence) on forrdut''^"^,Kf" entry made (within 30 days after report made by the niafcer or purfer of the contents and loading of the ftiip, 31 G.I. c. 36-/. 5,6.) and before payment of the duty, ■ may be landed and put into warehoufes, provided at the charge of the proprietor or importer, and approved of by the commiflioners; the proprietor or importer firfl giving bond for payment of the duty, if it he fold (within 52 calendar months; and if it be not fold in that time, tiien 10 pay the duty at the end of 12 calendar months, 6 6-'. 3. c. ^']-f' 4-) according to th,e gage taken at the time of landing and lodging in the warehoufe. 15 G, 2. ^.25./. I. c\nd if any rum or fpirits be landed, before entry at the cuftom houie and with the colleilor of excife,* and the duties fecured, or without warrant for landing, or without the prcfence of an excife ofFxCer ; the fame ihall be for- feited, or the value thereof, f. 3. And before it be landed and lodged in the warehoufe, a mark ihall be fet upon every cafic, mentioning the quan- tity, and the proprietor or importer; and the warehoufe keeper and excife officer iliall each keep a book, and en- ter the particulars carried in or out, and when, and for whofe ufe delivered ; and every fix months, or oftncr if required, tranfmit an account thereof in writing, and on oath, to the commiirioncrs of excife, who Ihall in one month examine the fame: and if any rum or fpirits fliall be doiivered contrary to this aft, the warehoufe keeper or officer oiFending fliall be difabled from holding any pub- lick employment, and forfeit lool. / 4- And the rum or fpirijrs may be delivered out of the warehoufe, on payment of the excife, and on producing to the warehoufe keeper, and the excife officer attending the warehoufe, a certificate of fuch payment ; and the warehoufe keeper {hall give a permit therewith, fign- ed by the excife officer, to prevent the feizing there- of. / 5. L2 K^t 1^4 Cvt'Ciff. [Spirituous liquors,) But no propriefor importer, or buver, {hall receive out of the warehouTe lefs than one veiTel of 20 gallons, unleis for the ufe of feamen in a voyage. /. 6- And the proprietor or importer may fix a lock on the warehoLife and k^ep the key; and the excife officer may put on another, and keep the key ; and the proprietor or importer may in prefence of the warehoufe keeper or ex- , • cife officer, at all reafonable times, view, and take out as afore faid. j. 7. And fuch excife officer may by day or night (but if in the night in the prefence of a conftable) upon one hour's previous notice having been given to fuch im.porter or proprietor, or left at his dv/elling houfe, or with his known agent or fervant ufually intruded with the keeping fuch key, enter into every fuch warehoufe, and by tafiing, gaging, or otherwife, take an account of all rum or other liquors found therein, and take fampies thereof not ex- ceeding half a pint out of each ca{k. or veflel, paying (if demanded) af;er the rate of 3 s a gallon. And if any fuch importer or proprietor, or his agent or fervant, fhall after fuch notice, hinder or refufe fuch-officer to enter any fuch warehoufe, or to take fuch account, or famples as aforefaid, he fliall forfeit 2C0I. 26 G. 3. c. 77. f. 15. And *jpon oath made by any perfon, that he hath reai'on to fufpe£i^, or believe, that fuch proprietor or importer of rum or other fpirits lodged in any warehoufe as aforefaid, doth mean and intend without the confent and knov.Iedge of the officer, in the night time, to go into fuch ware- houfe ; or that fuch proprietor or importer, or other per- fon, fhall at any time actually be in fuch warehoufe, without the privity or confent of fuch officer ; One com- miffioner of excife within the bills, or one juftice elfe- where, may iffue his warrant requiring any officer of ex- cife, with the affifi:ance of a conftable, to enter fuch warehoufe by force or otherwife ; and fuch pro;irietor or importer or other perfon, who fhall hinder or refufe the faid officer or his affiftant, from entering fuch ware- houfe, or executing fuch warrant, £hall forfeit 20g1. id. f. lb. And if any ofHcer fhall difcover and find in fuch ware- houfe any ?W?v<2/^ of rum or fpirits (except fuch as have been imported and lodged in fuch warehoufe according to law) over and above the quantity found at the lad pie- ceding furvey ; or any decreafe (other than fuch as hath been delivered out according to law, or by leakage or unavoidable accident) below the quantity found at the laft preceding furvey 3 fuch increafe or decreafe, fhall be deemed (£|rC I f ?♦ ( spirituous liquors . ) 165 deemed and taken to have been made by means of the proprietor or importer having by fome a6l, device, or contrivance, opened fuch warehoufe, not in the prefence of the proper warehoufe keeper, or other ofRcer of excife, whofe bunnefs it w^as to attend with the key, and to open the fnme. And in every fuch cafe, fuch importer {hall forfeit 500 1. id./. I J, But if i'uch proprietor or importer (hall by any device or contrivance open the warehoufe, except in the prefence of the warehoufe keeper or excife officer, he fliall forfeit 500I. 17 G. 3. C.S2. f. 15. And if any rum or fpirits remain in the warehoufe above 12 calendar months, (6 G. 3. c. 47. A 4.) without paying the duty, the commiilioners of excife may fell shcm by auiSlion, and pay themfelves ihe duty and charges, rendring the overplus to the proprietor or importer, f. g. No foreign fpirits, although under one gallon, fhall be Permit on received into the cuftody of any retailer, without a permit bnngmg in.Qt fignifying that the duties were paid, or that they had been condeiTtned ; on pain of forfeiting the fame, and the vefiel. S G.c.iS. f. 17. And for the better preventing foreign fpirituous liquors that have been illegally imported from being removed from the fea coads into the flocks of entred dealers or others; no feller or dealer fhall be allowed to take out more than one permit in one day to one perfon : Which permit fhall be granted for the removal of no m.ore than one cafk or other package of any foreign fpirituous liquors, of one kitrd or fpecies, direiled to one and the fame perfon. And if any fliall be found removing or removed contrary here- to, with or without a permit, the fame fliall be forfeited. 23 G. 3. c. 70. / 3. Provided, that feveral permits may be taken out and cafks fent to the fame perfon the fame day; fo as each calk be fent under different permits, and by different conveyances, f. 4. Provided alfo, that nothing herein (liall prevent dealers from fending with one permit by one and the fame con- veyance, any number ot cafks, containing 60 gallons each or upwards, f. 5. And if any foreign fpirits, not being in cafks of 60 gaU Jons or upwards, fliall be found removing, unlefs at the following times, that is, from Sep. 29 to March 25 yearly, between the hours of 7 in the morning and 5 in the evening; and from Anarch 25 to Sep. 29, between the „ hours of 5 in the morning and 7 in the evening (except the I UiXiQ is carrying by a known common flage coach waggon L 3 or 1 6 6 © j:C ife. {SpiritUGus liquors, ) or other frage carriage which ufualiy travels out of thofe hours) ^ :he fame fiiall be forfeited, whether accompanied with or without a permit, f. b. And no foreign fpirits more than 6o gallons, foali be brought to Lcndo/i by one permit, or by one conveyance, at the fan>e time, from any part of Englaiid hy land or water, (except by Gravefend in the ordinary courfe of com- merce) on nain of being raized and forfeited. 26 G. 3. c. 73-/ 58* And when any dealer fhall f:nd a requeft note to a permit Writer, he fhall fpecify therein the quality or kind of fuch foreign fpirituous liquors intended to be removed with each permit, the contents of the cafk or other pack- age, and whether the fame is to be removed by land or water, and by what mode of conveyance j otherwife fuch requeft note fnal! be void, and no permit fhall be granted tJ^cieon. 23G. 3. c. 'JO. f. 7. If any perlon fhall counterfeit fuch permit, or give or receive any falfe permit, or alter any granted by tiie proper otBccr J be fAall forfeit 500 1, to be recovered in the courts at IVe/iminJier. f. 10. Duty on home By 27 G. 3. c. 13. Schtd. (F) the following s. d. ^'■"'■'' duties are impofcd. For every gallon of fer- mented ivort or zvojh which flirdi be brewed or made in Great Britain, before the 5th July 1788, for extracting fpirits for home confump- tion from ma!t, corn, grain, or iihs, or any mixture with the fame, to be paid by the makerF, or dilHlIers. - - O 6 For every gallon of cyder or fsrry, or any other wafli or liquor which fhall be made as aforefaid, from any kind of Briiijh materials (except fuch as before mentioned) or any mix- ture tnerewith, for extrading fpirits as afore- laid. - - - _ 05 1* or every gallon of ferrncn:ed tvort ox tvajh made from inolaffes or j'lg^ir, or any mixture therevi'ith, for extrac'Hng ftirits as aforefaid. S^ i'or every gallon of wafb made trom foreign rcfufcd wine or foreign cyder, or wafli prepared from foreign 7}iatcy'.ah (except molafies and fugar) or any mixture therewith, for extracting fpirits as aforefaid. - - - i O For every 72 gallons of wafh which George Eifiop of Mauijh-ne, fhaJl produce on or before »i»e 5th '^■'"'" '-'^•^. -r?:^-! a weigh of malt or other iBfXift' [S pir it tiotis liquors.) 167 other corn includiiig the bran thereof, and not s. cl. exceeding 112 pounds ; to he paid by hirn. 18 o For every gallon of %vofi> from v»'hich 24 gallons fiiali be taken and diflilled by the of- ficer of excife according to an a61: of 26 G. 3. to difcontinue for a limited time the payment of duties on loxv wines z.\r\ fpirits for home con- fumption, and granting other duties in^ lieu thereof; and fuch 24 gallons of wafh fo diftil- ]ed fhall be found to produce more than 2^ gal- lons of fpirits of the ftrength of one in {^\ca under hydrometer proof; to be paid by the laid Geors;e Bijhop. - - - I O For every gallon o^ Britifn fp'irks of aflrength not exceeding one to ten over hydrometer proof manufactured in Scotland^ and brought from thence into England^ before 5 July 1788, to be paid by the importer. - _ _ 2 o For every gallon of ail fuch fpirits as lad aforefaid of a greater flreiigih than one to tea over hydrometer proof and not exceeding three ■per cent, above one to ten over the faid proof. 2 o And alfo a further duty proportioned to the degree of flrcngth in v^hich fuch fpirits fl'iall exceed the faid ftrength of one to ten over hydrometer proof as aforefaid ; to be paid by the importer, or perfon bringing the fame. And every dyVdler or maker of lo%v wines or fpirits for DirtHiers and fale, or exportation, and every rcPJfier of fpirits, fhall •e'^ificrs to b; take out a licence, which ftiall be charged with a yearly ^'""^=''' fum equal to the amount of one half penny a gallon of the contents of every flill of each defcription, which (hall have been in the pofTeffioa of every fuch dirtiller or reclitier within the year, ending the 5th day of "July in each year, previous to his taking out the licence; and fliall renew fuch licence annually ten days before the end of the year, on the penalty of 30/, 24 G. 3. c. ^\-feJ[. 1. f I, 7. And no perfon fhall be deemed a reilifier or compound- Whoftail he cr, who fhall not have an entered ftill capi^Dle of con- ^^.'^^^'^ "^'' '* taining exclufive of the head 120 gallons ; nor unlefs fuch fti'il (hall have fuitablc tubs and worms affixed thereto, and fhall be bona fide ufed for rectifying Brilijh fpirits lur iale. 26 (a'. 3. ^. 73./; 15. tly the ig G. 3. c. 50. No perfon fliall be permitted Entry of hoafes. to make entry of any workhoufe or i/lacc, or of anv ilill ^"''. y*^'!^'- ^^"^ or utc'iul for making, diitilling, or kt-eping of lov/ wines or fpirits, unlefs he ihali occupy a tenement of 10 1 a 1/ 4 ^ year. t68 (SyCifC. (Spirituous liquors,^ year, and be aflefled for the fame in his own name, and alfo pay to the parifli rates. And no entry (liall be of any avail to any perfon net fo qualified, nor for any longer time than he {hall be fo qualified, f. 3. And by the 21 G. 3. c. 55. In order to prevent private diftillations, every perf n, who (ball make or diftiil any low wines or fpirits, v/hetherfor fale or not for fale, fliail be deemed a common diftiller for fale, and fliall enter his ftill and veflels at the next office of excife ; and every per- fon, making cr keeping any wafh fit for diftillation, and having in his cuflody any ftill, fhall alfo be deemed a com- mon diftiller for fale, anu liable to the feveral duties, and fubject to the furvey of theofficers. f 34, 35. And every perfon occupying any houfe, whether he be the owner or renter thereof or not, who fhall knowingly permit any private ba; k or ftill to be fet up or ufed in any part of fuch houfe, or any building adjoining, without en- try having been made thereof, and being duly licenfed, fliall be fubjedl to the like penalties, as perfons nftng fuch ftills 26 G 3. c. 73./ 53. And no common diftiller or maker of low wines, fpirits, or ftrong waters, for fale, {hail fet up any tun, cafic, wafhbatch, copper, ftill, or other vefTel, for making cr keeping any worts, wafh, low wines, fpirits, or ftrong waters, nor aiter nor enlarge the fame, nor have any of them private or concealed, or any private ware- houfe, ftorehcufe, cellar, or other place for making or keeping any the faid liquors, without firft giving no- tice at the next oirice of excife ; on pain of 20 1, and he in whofe occupation any of the fame fhall be, (hall forfeit 50 1. 8 cff 9 IV. c. 19. y. 10. And by the 24 G. 2- c 40. Every diftiller ftiall ten days before he diftills or makes any fpirituous liquors, make entry at the next office of excife, of every ftill or other vefTcI which he ftiall make ufe of for brewing, dif- tiiling, working, making, laying or keeping any worts, ■wafli, low wines, fpirits, or ftrong waters j and alfo of the vefl*els ufed for brewing or keeping the after- runnings or feints from the fecond extraction (which laft mentioned veflels fhall not at any one time exceed two in number) ; and alfo of all fuch newuteniils as he fhall make ufe of for the purpofes aforefaid ; on pain of 50 1, for every fuch ftill of other vefTel, ufed and not entred. f, 22. And every diftiller fhall, four days before he begins to brew any grain, or mix any materials for making of wafh to he diftilled into low wines, make entry (according to 2 fchedule annexed to the aft) at the next excife office, of aU OrCifC (Spirituous liquors.) 169 all coppers, &c. or other veflels which he (hall make ufe of for the brewing, mixing, fermenting, working, dif- tilling, holding, laying, or keeping, any wort, walh, or low wines, or any fpirits or feints; and (hall in fuch en- try infert the day when he intends to begin, and the ufe and purpofe to which fuch copper, &c. is intended to be applied ; and the fame lliall not be ufed or applied to any other purpofe than is fpecified in fuch entry; on pain of forfeiting lool, together v/ith all fuch wort or other li- quor found in any fuch copper, &c. which may be feized by any officer of excife. 26 G, 3. c 73-/ 3> 65. And no diftiller fhall be allowed to withdraw his entry, vvhilit any duty is depending, or any utenfils for brewing, fermenting, or diftilling, fhall be (landing. — But no- thing herein {hall extend to prevent the changing of any entry, fiom the name of one owner, to a fubfequent owner ; or from an entry, for making fpirits for home con- fumption, to fpirits for exportation, or for making of fpirits from one fort of materials, to another fort ; fo that every fuch new entry be made on the fame day on which fuch former entry was withdrawn, otherwife fuch former entry ihall continue in force. 25 G. 3. c. 70. f. 25, 26. 26 G. 3. r. 73./ 4. And by the 21 G. 3. c. 55. No perfon (hall make ufe of any vellel, room, or place for making wafh for the diftillation of low wines and fpirits, without giving notice at the next excife office ; on pain of 50 1, for every vefTel, room or other place fo made ufe of without notice, f. 36. By the 19 G. 3. c. 50. Whereas the duties on low wines and fpirits are greatly diminifhed, by means of fmall ftills privately made ufe of, it is therefore enabled, that every perfon Icetping any wafh fit for diftillation and having in his poflelTion any ftill, the cubic contents of which, when the head is on, will amount to two gallons, proof thereof being made, by the oath of one witnefs, before one com- miffioner of excife or juftice, fhall be deemed a common diftiller for fale, and liable to the furvey and duties, f. i. But by the 2 Ct. 3. c. 5. No perfon who fliall make or redtify any fpirits for fale, or who fhall fell or deal in any fort of fpirituous liquors, fhall have any ftill or number of ftills, unlefs fuch ftill if a fingle one, or fuch ftills taken together if more than one, fhall contain at the leaft lOO gallons ; on pain to forfeit for every fuch ftill loo 1. And fuch ftills as flaall contain feparately lefs than 100 gallons, fhall be all placed in one room or workhoufe; on pain to forfeit, for every fuch ftill not fo placed, 100 1. / 4. And by the 14 G. 3. c. 23. Every ftill for diftilling any fort of fermented worts or wafh, commonly called the 3 wafh 1 7 o C JTC ifC (Spirituous liquors. } wafu ftil!, fiiall cotitain at lead 400 gallons in the booV of the llill, exclufive of the head j and every ftiJl for diftilling low wines, commonly called the low wine ftill, fhall contain in the body thereof, excjuftve of the head, at leaft: 100 gallons : on pain of forfeiting, for every ftill containing refpectively a kfs number of gallons, locl. / 2. The fame to he And the didiller fhall flicvv to the officer every ftill msrkad. ^j. Qjj^^j. y^^^i entred, and the ofncer ftiall mark the A)me with a particular and durable mark ;^ and every veffel ufed by fuch diililler without being fo fhewn or marked, ftiall be deemed a vefiel or utenfil of which no entry has been made ; and if any perfon fhall rub out or deface fuch mark, he fliall forfeit 20,1. 24 G. 2. c. 40. J.11. And by the 19 G. 3. c. 50. Every fuch diftiller fhall caufe to be painted, in durable large characters, over the outv/ard door of every houfe or other place ufed by him for making or keeping Britifh made fpirits, the words dijViUer^ rcclijier, or compounder of fpiritiious liquors (as the cafe may be) ; on pain of iOO 1. /, 6. And if any per- fon fnall put' up fuch words without having duly made entry of all the places by him ufed for making or keeping fuch fpirits, he fhall forfeit 200 1. f. 9. And if any diftiller cr dealer fhall buy any Britifli made fpirits (except at the public fales of condemned fpirits by the commiffioners of excife) of any perfon not having the faid words painted over his door ; he fh:tll forfeit 50 1. f, 7. And in this cafe, either the buyer or feller, in- forming againft the other, fhall be difcharged of his own penalty. / 8. And by the 21 G. 3. c. 55. If any diftiller or dealer fhall buy any Britifh made fpirits (except as above ex- cepted), he fiiall forfeit fcol. But not to be profecuted both by this and by any former act. And the feller in- forming againft the buyer fiiall be difcharged of his own penalty. J. 37, 8, 9. ■vvafi, bacVs, ^^^ every ivajh back fliall have a hole, or dipping place how to be con- in the top thereof, and fliall be fo conftrucSted that the flruded. ctFicer may conveniently take the g?-uge at fuch hole ; and fliall be fo placed that the top thereof ihall be beneath the level of the charging cock of the wafn ftill ; on pain of 200 I. 26 G. 3. c. 73. f. 5. Whenfre/h And before any fucn warn back fhall be frefli limed, limed. fuch diftiller ftiall give, if within the bills 4 hours, elfe- where 8 hours, noiice in writing to the onicer of excife, before he ftiall begin to lime the fams, and if he fhall not begin within one hour after the time mentioned in luch Cl^tlft* (Spiriiuous liqiioj^s.) I71 i . fuch notice, the fame flia)! be void, and he fiiall give a frefli notice ; on pain of 50 1. td. f. 6. 'Qy the 10 ^" II IV. c. /L. f. 7. If any officer of excife Pilvate ftilh. /hall have caufe to fuipect any private ftill, back', or other vefiel, fpirits,low wines, v/alh or other materials prepaieJ for dhftillation, to be fet Up or kept in any place, and fhall make affidavit before a juftice of the peace, and therein declare the grounds of his fufpicion ; he may in the day time, and in prefence of a confl:ablc, by warrant from fuch juftice to be dire£ted to fuch officer of excife, break open the door or any part of fuch fufpec^ed houfe or place, and enter and feize the fame, and detain them there ; and if they fhall not in zo days be claimed by the owner, they fhall be forfeited, and foFd at the next general day of fale; and if they be claimed in 20 days, the perfon claiming fhall forfeit for every warehoufe or other place, \u v.'iiich any fuch ftiil, back, or other vefiel fhall be found, and aifo for every fuch ftill, back, and other veffel found therein, 200 1. And by the 10 b' 1 1 iV, c. 21. he fhal! incur this forfeiture, whether he fhall make any fuch claim or not. / 23- And by the 19 G. 3. c. 50. If any officer of excife fhall at any time difcover any private or concealed flill, back, or other vefiel, for the making or keeping of wafli, low wines, or fpirits, or other materials preparing for diftillation, he may (that is, v/ithout applying to a juftice) feize fuch ftill, back, or veftel, and all fuch fpirits, and either detain them in the houfe where found, or re- move them to the next office of excife ; And if they fhall not within ten days be claimed by the owner, the fame fhall be forfeited ; and the proprietor of any fuch private or concealed back, flill, or other vefTcI, or the perfon in whofe cuftody the fame fhall be found, fhall forfeit for every place wherein fuch private ftiil, back, and other veiTel fhall be found, and alfo for every fuch ftill, back, and other vefiel found therein, the fum of 200 1. And if any perfon fliall obflrucl the officer, he fliall forfeit, 100 1. / 2. And by the 23 G. 3. c. 70. Whereas notwithftanding the many laws to prevent the private diftillation of low ■wines and fpirits, evil minded perlons do privately make fpirits ; if any officer of excife fiiall know, or have caufe to fufpedl", that «ny private or concealed ftill, back, vefiel, low wines, waih, or other materials, preparing for dif- tillation, are fet up or kept in any houfe or place within the limits of the head office in London, anJ fnall make oath 172 Cjt*ClfC. (Spirituous liquors ) oath thereof before ajuftice or two of the commiffioners, nnd elfewhcre berfore a ji:{lice of the place, fetting forth the ground of his fufpicion, they may by their warrant impowcr fuch ofEcer, by day or night, but if in the night, in prefence of a conftable, to break open the doors or any part of fuch houfe and feize the fame, who may detain them there or remove them to the next excife office ; and if not claimed in ten days, the fame fhall be forfeited, and the proprietor, or perfon in whofe cuftody thev fliall be found, fhall forfeit 200I ; and any perfon obftrudting fuch ofrtcrr in the fearch, {hail in like manner forfeit 200 1. And any perfon afnfting in fuch private diflillation fliall forfeit 30 1. f. 13, 14. Eut if on breaking open any fuch door or houfe, no fuch private back, flill, or other vefiel, fpirits, low wines, waih, or other materials for diftillation, fhall be found, the officer fndll m/)ke good the houTe or place fo broken up, or make fatisfaciion to the owner to be adjudged by the two next juftices (i ^) \ or the partv injured may bring his action for the damages ; and the fame ihall be paid by the commiiriDncrs out of the revenue of excife; and if any perfon inall obftru6l fuch ofHcer, he fiiali for- feit 2Col. 10 b" 1 1 ^. r. 4. / 8. And for the more efFeitually preventing the removal of fpirits that have been privately c'iftilled, from the places where made to the houfes of rectifiers and compounders ; the officers may feize all horfes, carriages, and boats em- ployed in removing the fame from one part of the king- dom to another, unlefs they be accompanied with regular permits. 23 G. 3. c. "JO. J- 15. Priv-ite c~cki No difiiiler (hall have any private pipe or ftop cock, and pipes. or Other conveyance, by which any wafli or other liquors fit for diftillation may be conveyed from one back or vell'el to another, or from any fuch back or vcfTel to his ftill, or into any other place, nor ihali have any hole in any back or warnbatch, by which any wafh or other liquor fit for diftillation may be conveyed into or out of the fame; on pain of 100 1. 10 C5 II TV. c. ^. f. 3. And the excife officer in the day time, and in prefence of a confiable, on requeft made and caufed declared, may break up the ground in any diftilling houfe, or the ground near adjoining, or any wall, partition, or other place, to fearch ; and on finding fuch pipe or other conveyance, in ly break up the ground, houfe, wall, partition, or other place, thro' or into which any fuch pipe or other conveyance fnaU lead, aiid may break or cut any !uch CytlfC- (Spirituous liquors.) 173 pipe or other conveyance, and may turn any cock to try whether (uch pipe may convey any wafh or other !'q'..'or./4. AnJ if no fuch pipe or private conveyance be found, the officer fiiall make good the ground, wall, houfe, or other place, or make reafonable fatisfaclion to the owner, to be a'3judij;ed by the two next juitices (l ^. ) or the party injured may bring his adion for damages; the fame to be paid by the commilTioners out of the revenue of ex- cife. And if any perfon obftrudl fuch ofHcer, he fliall forfeit ICO 1. f. 5. But any diftillermay ufe any pipe, fiop cock, or other conveyance above ground, in open viev/ from one end to the other, for letting his wafti out of the coolers inio his backs or waflibatches, and for conveying the waHi or worts, out of the back or walhbatch into the flill, j'. 6. And no diftil'er fliall have any fixed pipe or other con- veyance leading to or from any ftill, except one charging pipe to each flill; nor any conveyance leading from fuch flill except the difcharge cock to each ftill belonging, on pain of 200 1. 23 G. 3. c. 70. f. 23. And no difliller (hall have any pipes of communication with the worm belonging to any ftill, on pain of lOO I. 26 G. 3. c. 73. /. 13. And no diftillcr {hail have any pipe or conveyance, leading to his wafh ftilU except the known charging pipe leading from his wafh back, and the fame fhall empty itfelf in a ftiute, open trunk, or veflel which (hall not be more than 6 feet diftance from the ftill, and Ihall be at leaft 2 feet long and one broad, and not more than 2 feet deep ; from which ftiute, &c ; the conveyance pipe into the wafh ftill fhall be ftreight, and not concealed from the view of the officer, nor of a larger fize than 6 inches diameter in the clear; on pain of 200 1. id. f. 17. Every diftiller, reiiifier, and compounder fhall maicc Holes or opcn- (v/ith the approbation of the furveyor or fupervifor) '"g^ to be in a hole or opening in the breaft of every ftijl, that the (iju^ officers may take gnges and famples ; which hole or open- ing in the wafti ftill fhall not be more than five inches fquare, and fo contrived, that the officers may take gages thereof with a cork and rule : and in every other ftill, not being a wafti ftill, the hole or opening fiiall not be lefs than one inch and an half in diameter, and fo con- trived that the officers may take famples from the ftill with a phial, to be drawn perpendicularly through the fame. And if he ftiai! prefume to diftil, re6lify, or corn- pound any fpirits, before fuch holes or openings be made ; ■ he fhall forfeit 50 1. 14 G. 3, c. 73. / 3. 5. For 174- dBXtitt* (Splrittious liquors?) Trunks and For the preventing of frauds being carried on by ft" '^^b^ V^^' "^'^^"^ °^ trunks and other clofe vefiels fet up bydiftillers moJilheJ. ^o'" receiving wafli and other materials fit for diftiliation from the vya(h backs and other utenfil?, before the fame is pumped up into their ftills ; every diftilier, whether for fale or exportation, having any fuch trunk or other clofe vefi'el, (hall demolifb or convert the fame into open vefiels ; and if he fliall hereafter ere6l any fuch, he fhall forfeit icol. 23 G. 3. c. 70. / 16. Pipes at the end And to the end that the officers may be able to tafle of iiiiiworms to and examine the quality of the lov/ v/ines and fpirits be demciifned. coming from the itills; every diailler (hall cut ofF or take away all pipes fixed to the end of the v/orms belong- ing to their frills ; and if he fhall fix any there for the future, he fi";al! forfeit loc 1. 23 G. 3. c. 70. f. i6- Locks on the Every diitiller, rectifier, and compounder, fliall at fiL'.ihsads, his own cxpcnce, provide and affix fufficient faftenings ^to be approved of in Vtriting under the hand of the gager or fupervifor) to the head of every low wine ftill, wafla ftill, walh pumps, and charging cocks, through which worts or wafli are conveyed into fuch llill: which faid ftili heads, charging cocks, and wafh pumps, fhall from time to time be fecurely locked and fealed by the gager; aPid the locks and keys, for fecuring the faid ftill heads, charging cocks, and wafh pumps, fhall be provided by the gager or fupervii'or, at the expence of the difliller. And if the uifiiller fhall prefume to difiil, before he hath. af- fixed fuch faficnings ; he fhall forfeit 50 1. 12 G. 3. c. 46. /. II, 17. 14 G\ 3. c. 73./ I. Locks on the And the holes or openings in the breafl o'i the flill fhall holes or opsp.- \^ jjj^g manner be locked and fecured, under the fame " * rules, regulations, and penalties as for fecuring the ftill heads. 14 G. 3. c. 73-/3. 5. Locks on the Evcry diftilier fliall at his own expence, provide and charging and dif- affix fufficient locks, kcys, and faitenings (to be approved charging cocks, ^j: j^^ writing under the hand of the furveyor or fuper- vifor) to the difcharge cock of every (till, and the officer (hall lock and fecure fuch difcharge cock ; and every dif- tilier fhall, when required by the general furveycr, if in London^ elfewhere by the furveyor or fupervifor of the divifion, immediately repair and alter according to fuch requihrion all fuch locks and faitenings, and in de- fault thereof, ihall for every neglect or refufal forfeit 50 1. 14 G' 3- '• 73- / 5- 26 G. 3. c. 73. /. 0, 10. And the diicharge cocks fliall be fixed in the body of each ftill, fo as the officers may have convenient accefs to (B^tiit* [Spirituous liquors.') 175 to them ; and for that purpofe, every fuch difcharge cock Ihall be continued in a ftreight line from the body of the fill], and not proje6l more than three feet from the body of the ftill, nor eighteen inches from the brick work or other materials whereon the ftill fhall be placed : on pain that every diftiller offending in the premifes fhall forfeit 100 1. 23 G. 3. c. 70./. 17. And the keys of every charging and difcharging cock fhall be made in manner following; that is, the key i fliall be made v/ith an open eye or hole in the top part thereof, which eye fliall be of fuch a fize as to be capable of receiving a leaver fufficient to turn the cock : and fuch charging cocks, and difcharging cocks, mail not have any hole or place of difcharge, but at the mouth only j and no grate, flraincr or other thing fhall be placed before the mouth of any fuch charge or difcharge cock ; on pain that every diftiller offending herein, fhall forfeit icol. /. 18. 26 G. 3. c. 73. / II. And no diftiller fhall rivet any key into any charge or difcharge cock, fo as to prevent the officer from taking out and examining fuch key, on the penalty of 50 1. 26 G- 3- ^- 73'/ '2- And no diftiller fliali have zuy cap or covering upon a cock belonging to any (till pipe, back, or other veffel, fo as to prevent the officer from feeing and examining fuch cock, on pain of 50 1. id. f. 14, Every diililler, redifier, and compounder fhall, on the Locks on the the like pain, at his own expence provide and aiiix fuffi- '^"'°^" °^^' cient locks, keys, and faftenings (to be approved of in like manner) to the furnace door of each flill ; and the officers fliall be permitted to lock and fecure the faid fur- race doors, at any time when the flills are not at work. 14 G. 3. f. 73. 7:4, 5. If any pcrfon fhall, by any means or device, open any penalty of opcn- faftening on the holes or openings in the bread: of the ing ov damaging flill, or any difcharge cock, or furnace door, after tiig fj^n locks, fame fliall have been locked or fecurcd by the ofHcer ; or fhall wilfully hurt or damage any lock or other falten- ing; he fhall forfeit 200 1. 146'. 3. c. 73./ 12. The diftiller fliail provide proper ladders, whereby the Ladder? to be ofiicers may get to the top of each frill, and fliall by him- providcj. felf or fome perfon on his behalf, afhft fuch officer in fet- ting up the ladder, and examining the contents of each flill, and taking fliil gauges thereof; on pain cf 20cl. 23 ^- 3-/-.70-/ 21. The diftiller, within the bills, fnall 24 hours at lead, ^r^^-^p „f ^^j^. and elfcwliere 48 hours, before he receive any quantity "'g "i mate- 17^ CjtClfv. (Spirituous liquors}) of wine, cyder, fugar, water, or any kind of ferment- ed wafli, inio his cudoJy, give notice to the officer of excife, of the quantity and fpecies, and when he intends to receive the fame j on pain of col. 24 G. 2. c. 40. And by the yearly malt a6ls, every diftiller who (hall receive any quantity of cyder or perry into his cuftcdy, fhall give notice in writing to the officer under whofe furvey he (hall refide, 48 hours before he (hall begin to put any of the fame into the ftill, to be drawn into low wines or foirits; and if he fliall not give fuch notice, or lhall difpofe of any quantity thereof otherwife than by diftillation, he ihall forfeit 5 1. Notice of begin- When any diftiler or maker of low wines and fpi- ning to work, ^-jj-g from corn or graln^ whofe ftill houfe is under the furvey of the London officers, or is fituate in London or Wefttnhijler or within any other city, fhall be defirous of opening his ftill, or of charging his wafh ftill ; he ftiall give to the officer notice in writing at leaft four hours be- fore he intends to charge his ftill : But if he intends to open or charge it any time betweeti 12 in the night and 6 in the morning, he fliall give notice at leaft twelve hours before he intends fo to open his low wine ftill or wafti ftill. And where the ftill houfe is not fituate in London or Wejlm'tnjler^ nor under the furvey of the London officers, nor in fome other city, he ftiall give at leaft twelve hours notice in writing at the next office of excife or to the officer of the diftridl, of fuch his intention of opening or charging his ftill. And if he ftiall not begin to charge his ftill at the hour mentioned in fuch notice, or within two hours after, the notice ftiall be void ; and he ftiall be obliged to give a frefh notice, before the officer ftiall be bound to open the head of fuch ftiii, or the faid charge cocks, or vvafli pumps, fo locked as atorefaid. 12 (?• 3. c. 46. /. 12, 13. And the like notice fhall be given, when fuch corn dif- tiller ftiall be deftrous to have the furnace door of his ftill unlocked. 14 G. 3. c. 73. /. 6. And when any diftiller or maker of low wines or fpirits from molaOeSf or other materials not being corn cr grain^ or any rectifier or compounder of fpirits, fhall be defirous to charge his wafti ftill ; he fhall, within the bills, give to the officer notice in writing four hours at leaft, and elfewhere eight hours, of the particular hour or time of the day, when he intends to charge fuch ftill : And when he is defirous to have the furnace of his ftill opened ; he fhall C^*CtfC. {Spirituous rqiiors!) 177 lh:i11, if within the bill?, give twelve hours notice, and elfewhere 24 hours, of the particular hour or time of the tl*y or night, when he intends to have the fame opened. "Wliich noiices for charging the wafti ftills of fuch diftil- lers ofmolaflcs or other material not being corn or grain, and alfo for opening the furnace doors, {hall be given at tlie times following ; 'u'lz. from Srpt. 29, to A4ar. 25, yearly, between the hours of feven in the morning and iive in the ever.ing ; and from Ivlar. 25, to Sept. 29, between the hours of five in the morning and five in the evening — And if fuch diftiller fhall not begin to charge his wafh flill at the time meptioned in fuch no- tice, or within one hour after : the notice (hall be void, and he fliall be obliged to give another like notice, be- fore the officer fliall be obliged to attend. li^G. 3. c. And every difiilter, in the notice of his .intention (o charge his waili ftill, fhall exprefs the particular Avafli- batch or wafhbatches from which iie intends to charge his ftill, defcribing the num.berand marks thereof; otherwifc the notice ihalj be void. And if he {hail charge his wafh dill from any wafhbatch not mentioned in fuch notice ; or fhall take out of any fiill any feints or fpent wafli con- trary to the direifiions of this acl : he fnaH forfeit 100 1, 14 G. 3. c. 73./. 7,8. And for the further preventing frauds, the officer officers may fliaii be permitted to take famples of the wafn in any vvalii "i^'*" t'nmpics of b^ick or other veiTel, not exceeding 12 gallons in the ^"^ " whoiC out of each fuch waOn back or vefiel ; paying for the fame at the rate of i s 6 d a pallon : and if the diiiiller fliail obftrucl or hinder him, he fhall forfeit icgI. 23 G. 3. c. 70. / 22. If any corn difliller, or maker of low wines or fpi- Dlftiller making rits from corn or grain, fhall make ufe of any melafics, "^^ '^' improper r r \^ ' r ■ n. c m.ucrials. coarle lugar, honey, or any compoiition or extract ot fugar, in the brewing or preparing his wafli for diPiilla- tion, or {liall receive any of the faid materials into his cufiody exceeding 10 lb weight; he fliall forfeit 100 1". And if any fervant or other perfon fiiall aiafl: therein, he fhall forfeit 20 1, and in default of payment fliall fufFer 2 months imprifonment. 23 G. 3. c. jo.f. 24. And if any diftiller, in preparing his grifl for wafh, in Order for diftillation, fliall ufe more wheat, than in the proportion of one quarter of wherit to two quarters of any other grain; he fhall forfeit 50 1. 33 (?"• 2. c. 9. /• 23- Vol. H, M And 17S CjCCtfC. {Spirituous liqucrs.) Officer to attend And the officer fhall from time to time attend, accord- and futvey. j^g (.q ^j^g notice given. \iG. 3. c. 46. / 14. Provided, that where notices are given by more than one diftiller, reflifier, or compounder, each of them ex- prelTing the fame hour or time for the officer to attend j it {hall be fufficient, if he attend at the workhoufe of any one of them, according to the notice, or within one hour after. 146". 3. c. 73./ 11. And as foon as the officer fhall be at the ftill houfe, the diftiller fhall turn the difcharge cock of every wafh flill, that the officer may be fatisfied that fuch wafh flill is really empty ; and then, and not before, the officer fhall open the ftills, cocks, and pumps fo locked and fe- curcd, and fhall continue in the ftill houfe all the tin>e that fuch wafh ftill fhall be charging; and when the fame fhall be fully charged, fhall immediately lock and fecure as before, all the ftill heads, wafh pumps, and charging cocks, and fhall leave them fo locked and fecured at all times. 12 G. 3. c. 46. / 14. And fo often as it fhall be found neceflary to have fuch ftill heads, or charge cocks, or wafh pumps open, for re- pairing or mending the fame; the officer fhall attend all the time the workmen fhall be employed in fuch repair- ing ; and fhall lock the fame every night ; and fhall at- tend at fix o'clock each morning, whilft the repairs are doing, to open the faid ftills, charge cocks, and pumps. And no fuch diftiller fhall have any pipe or conveyance to the low wine ftills, from any other vefTel or utenfil, except the known and entred low wine cafk ; on pain of 100 1. / 16. And if any perfon fhall open any ftill head, charge cock, or wafh pump, after the fame fhall have been locked and fecured as aforefaid, before the fame fhall have been opened by the officer of excife ; or fhail wilfully hurt or damage any fuch lock or other faftening ; he fhall forfeit 200 1. / 18. And by the 14 G. 3. c. 73. Whenever the diftiller fhall be defirous to light a fire under the flill, and to have the furnace door opened ; the officer fhall attend according to the notice given, and open the fame. f. 4. And he fhall be permitted to take ftill gages, as well of fpent wafh and feints, as of the charge of the wafli ftill, at any time after the ftill is charged, and before it comes to work ; and aifo to take famples of the fame at any time after the ftiil is charged and before it comes to work, and Cjl*Ctft' [Spiritucus liquors ) 179 and alfo after the ftill is ofF, paying if demanded, after the rate of is 6d a gallon for the wafh, and 4d a gallon for fpent wa(h and feints. And if, in taking fuch gage or fample, he ftiall difcover that any wafti hath been put into any ftill except the known wa^fh ftill, or into the wafti ftill without fuch notice as aforefaid ; or ftiall find any increafe in fuch ftill, more than can be accounted * for by the compare with the decreafe from the waftibatch exprefled in the notice ; or if, on comparing the quan- tity of low wines charged, with the fpent wafti remaining in the wafti ftill, he fliall find a greater proportion than could arife from the quantity of wafli taken account of in the waflibatches pumped into the wafh ftill : fuch in- creafe ftiall be deemed to be made from fome waftibatch not mentioned in the notice, and the officer fhall charge the diltiller with double duty from the prefumptive charge; and no allowance flia'l be made to him for any feints, water or other liquor, on any pretence put into the wafti ftill, but fuch as ihall have been put therein in the view of the officer, f, 9. And if the officer fliall difcover at the ftill houfe, in any ftill other than the known wafh ftill, any wafti put into or mixed with the low wines or fpirits in fuch ftill j every diftiller, reitifier, or compounder off'ending herein, fhall forfeit 100 1. / 10. And if any perfon fhall obftru£l any ofHcer in the exe- cution of this acl, he fhall forfeit 100 I. f, 13. And by the 23 G'. 3. c. 70. Whenever the officer fhall have received notice for opening; the furnace door of any ftill belonging to any rectifier or compounder, and fliall attend for that purpofe, fuch officer fhall not on any pretence open the furnace door of any fuch ftill, but of fuch as are at that time fully charged, nor until he hath examined the contents of fuch ftill, and hath feen the head put on and ready to be locked down ; nor fhall fuch of- ficer, when attending on any fuch notice at the ftill houfe of any fuch reitifier or compounder, be obliged to continue there more than one bour at a time ; and if fuch redliiier or compounder fhall not within that time have charged the ftill or ftills mentioned in that notice, and put on the head of the ftill, fo as they be ready to be locked down, he fhall be obliged to give another notice before the officer fhall be obliged to attend again, f. 20. And if any wort, wafh, tilts, or low Vv'ines in the pof- Removing or feffion of any diftiller, fliall be removed, or concealed, the ^'^""^"''"e wail, 'fame fhall be forfeited ; and fuch diftiller, and the perfon employed to remove, or who fhall receive the fame, M 2 itall i8o C^'CtfC. [Spirlttious liquors?) fhall feveraliy forfeit lo?, for every gallon tliereof. 26 ^- 3- ''• 73- /• 20. And no worr, wafli, tilts, Inv wines or other liquor, fhall be put into the Hi!!, or removed from the back or vefl'el wherein it was fermented, until the fame fhaU have been gn-jgcd ; on th^ peiialty of 2C0 1. and double duty. Id. f. 1 6. Officers to keep And the olUcer fliall keep an exatfl account of all vvafii, an account and ^cc. whcreou the HCW duties are impofed, and fliall for every gire creJir, &c. ^^^ gallons of wort brewed from malt, grain, tilts, or mixture therewith, give the difliller credit for 20 gallons of fpirits of the iirength of one to ten over hydrometer proof; if brewed from any other kind of BrkiJ]) materials 15 gallons ; irfrom melafies, or fugar 22 gallons, If from foreign refufed v/ine, or foreign cyder, or wafh prepared front foreign materials, except melafTes and fugar 2© gallons of the Itrength aforefaicl. And if fuch officer on calling up the flock of anydiftiiler (except he be alfo a rectifier) at the ftrength aforefaid, fliall find the quantity contained in the flock td* exceed the quantity for which the diftiller is entitled to credit; (making proper allowances for fpirits ■ for which permits have been granted) every fuch excefs fhall be taken to have been occafioned by wort or other liquor not duly charged ; and fuch excefs fhall be for- feited, and may be feized by any officer : and the perfcn in whofc (lock fuch excefs fliall be found, ihall forfeit 50 1. id./. 25, 26. OfHcers may "^"^ ofiiccrs may take famples of wort, &c. not ex- take fampies of ceeding 12 gallons from each coo'er, v/afhback, or '^°^^' other veflel, paying i s 6 d a gallon for the fame. id. J. 18. -,, - And every diRiller fhall, before he begins to draw off" 74anncr of y n n-ii i i r • t charging and any low v/incs from the wain Itili, charge the lame Wiiti working off wafh wort on which the duties have been charged in the pro- '* portion of not lefs than 3 parts in 4 of the whole quan- tity fuch flill, including the head, is capable of contain- ing J and before he fhall begin to draw oft" any low wines for exportation from fuch wafli flill, he fhall charge the fam.e with wo't &c. in the proportion of not lefs than 4. parts in 5. And the fame fhall be worked off^ within 24 hours from the time of taking the account of the charge of fuch flill ; on pain of 200 1. f.%1. And all low wines fhall within 12 hours after run off from the wafh flill, be conveyed into the low wine flill ; and fliall within the next 12 hours be drawn off and dil'- tilled into ipirits ; on the penalty of 10 1 an hour. id.j. 11, Ofncers to take A.nd the ofHccr fhali every 3 months or cftener if re- ilock even- J quired, take ay account of the flock of all difliliers and *"'^''^'- redifiers ; ^Xtitt' {Splritiiciis liquors,) ibi redifiers ; and if any unfair increafe fhall be found, the f;ime fliall be fyrfoitcd, and may be feized ; and ths per- ' fon in whofe ftock fucln excefs is found lliall forfeit 50 1. id. /. 27, 28. And every rccSlifier fhall maric the quantity and flrcngth Reai/lers to of mixed fpirits on the outfide cfthe caflc, upon 12 hours ^^'■'■^ the quan- notice given him by the officer, and in default thereof, or orVphits, if untruly marked, the fame Ihall be forfeited, and aUb the cafiC'?, and may be feized, and fuch rectifier iliall alfo forfeit 50 1. id f. 33. And all rettified fpirits which (liall be. found in the ''plritsin the cuftody of any dealer not beinir a reclifier (except raw ';"'^'''^y °^ "^ r • • ,- • • ,- ■ -11 -A -c r licaler, not a Ipirits or ipints of wme received by permnj ir Itronger rectifier. than one in 8 under hydrometer, proof Ihall be forfeited, . and alfo the cades, and may be feized. id. f. 34.- And in order the better to examine the Ifrcngth and Offi -r-rs miy quality of fuch fpirits, any ofncer may take famples there- l^^l^j^^^"™'^^" °^ of not exceeding 4 gallons, paying after the rate of 7 s " a gallon for £fr////6 fpirits, and 13 s a gallon for foreign fpirits ; and if any perfon fliall obflrudt fuch officer, he Ihall forfeit 100 1. id. J. 36. And all fixed cafks ulcd for keeping fpirits, fhall be ^^^"^^ '^" ''s cntred at the proper office of excife, and gauged, on pain gaJged. ^" of 100 1, and forfeiture thereof, and a!! liquor contained therein : And moveable caflis ufed for fending out or keep- ing fpirits, fhall have its meafure marked on fome con- fpicuous part thereof; on pain of 50 I. id. /■ 38. And every diftiiler or re6lifier fhaH, on 12 hours no- To be filled up tice in writintj from the officer, fill up his moveable cafks t'^''- ai account I *^i ,- 1 , / n r , r - "^-^y "^ taken. that are not then full, (except one calk of each iort of Ipirits which may remain in ullage) within fuch 12 hours, that an account of his iiock may be taken ; and ihall feparate the different forts of fpirits, and keep the fame feparate for fix hours next after, to enable fuch officer to take an account with greater certainty ; on pain of ICO 1. id.f. 39. And all Briiilh fpirits of the third extraaion, or which Don'^.'n!"atloa 1 1 • 1 n-ii 1 ,- 1 • J • I n "'■ lp'l''tS. have been twice dillilled from low wines, and nad liavour communicated thereto, fliall be deemed ^r///y7; brandy; if no flavour has been communicated thereto, the fame {liali be deemed reciificd Britijh fpirits. And if of the fecond extrac- tion, or once diftilled from low wines, the fame fhall be (ic(i\\icd ytiiv Brit ijb fpirits. And all i^/i///?; fpirits difti! led with juniper berries, carraway feeds, anice feeds, or other fcL'ds or ingredients ufed in the compounding of fpirits, liiall be deemed Britijh compourJs. A.nd all Hr:t:Jb fpirii:-; M 1 of l82 (BXtiit' [Spirituous liquors,) of a greater ftrength than one to two over hydrometer pi oof, Tnall be deemed Jpirits of wine. id./. 44. Officer to c^nvge The officer may keep an account of the feveral forts for materials ^f ^^j-^ ^.^j^}^ fl^^^lj ^^ f^^^^^j ^y him in the hands mining, ,-,••. r r r ^ ni or a uilii):er, and upon any decreafe of luch warn brewed or made from malted corn or corn unmalted, may charge fuch diftiller, with fo much low wines or fpirits of the firft ^ extraction as one fourth part of the fame wafh fo decreafed ihail amount unto; and alfo with fo much proof fpirits or fpirits of the fecond extratSlion, as three fifth parts of the faid low wines fo charged fhall amount unto : and alfo upon any decreafe of wafh made from cyder or perry, may charge fuch diflilier upon whom fuch decreafe fhall be found, with (0 much low wines or fpirits of the firft ex- traction, as one fifth part of the fame wafh fo decreafed fhall amount unto ; and likewife with fo much proof fpi- rits, or fpirits of the fecond extraction, as one half part of the fame low wines or fpirits of the fecond extraclion fliali amount unto. 4 Jn. c. 12. f. 4. When the ftili Every rectifier and compounder ihall take oft the has done work- head of cach ftil', 2S foon as the fame fhall have done jng the head working ; and it fhall in no cafe be put on, until it Ihali t>ff. be again charged and ready to work ; nor until the oincer fliall have examined the quality of the fpirits then in each fuch ftlll ; on pain that fuch re6tifier or compounder offending herein fhall forfeit 100 1. 23 C 3. c, 70. /. IQ. Entrv an3 pay- The diftiller fhall weekly make entry of all wafh by him menc ot the ufed for the making of low wines and fpirits within each "'^'"* week, on pain of 10 i : And within a week after, fna.l pay off the duties, on pain of double duty, jg G. 3. c. 50. / 4, 5. Carrying out of No diltiller fhall deliver or carry out any low wines, the ftill houfe. fpirits, or aqua vits, to any of their cuftomers, in caflc, or by the gallon, without notice thereof fiift given to the officer of excife, unlefs from Sep. 29, to Mar. 25* yearly, between five in the morning and eight in the evening, and from Ular. 25, to Sept. 29, yearly, between three in the morning and nme in the evening ; on pain of 10 1. 7^8 //^. c. 30./ 15. Retailers houfes ^y the 9 G. 2. c. 23. Everv perfon who fhill retail lefs tj be entied and than two gallons, fhall ten days before make entry in writ- marked, jj^g QjT 3]] vvarehoufes, fnops, cellars, or other places by him intended to be ufed, at the next excife office; and of all fpirituous liquors therein ; on pain of. 20 1 for every place, and 40 s for every gallon not entrcd, and alfo the liquors and cafKs. J. 6. And CjCCfCC. {S pir it t^otis liquors.) 183 And by the 19 C 3. c- 69. Every importer for fale or dealer in foreign fpirituous liquors, who (hall fell the fame either by wholefale or retail, fhall caufe to be painted in large legible characters, over the outer door, or in the front, or on fome confpicuous part of every houfe, fhop, warchoufe, cellar, vault, or other place, fo ufed by him, the words importer of^ or dealer in, fpirituous liquors ; on pain of 50 1. /. 18. And if any importer or dealer in foreign fpirituous li- quors fhall buy any foreign fpirituous liquors of any other perfon than of an importer or dealer over the door of whofe fhop or other place the words aforefaid fhall be written or painted; he fhall forfeit 100 1. Provided, that fuch dealer fhall not be fubjefl to the faid penalty, by reafon of the purchafe of any foreign fpirituous liquors whilft they remain on board the (hips wherein they were lawfully imported, or on the quays on which they have been lawfully landed ; nor to the purchafe of any rum whilft it remains in the warehoufe, according to the a6t of 15 fif i6 G. 2. ; nor of any arrack, whilft it re- mains in the warehoufes of the £a/i India company ; nor to the purchafe of any prize foreign fpirituous liquors j nor of any foreign fpirituous liquors fold for the benefit of the infurers or proprietors to defray the charges of fal- vage. / 19, 20. And if any perfon, other than fucl^ as hath made entry as aforefaid, fhall paint over his door the words aforemen- tioned, he fhall forfeit 50 1, over and above the penalties for felling or dealing without entry, f.ii. And if any perfon, not being fuch importer or dealer, fliall buy any of the faid goods (except as before ex- cepted), not having the aforementioned words painted over his door; he fhall forfeit 10 1: And if the feller fhall, within 20 days, and before any information hath h^cn lodged againlt him, inform againft the buyer, he fhall be difcharged from all penalties to which he might be liable for fuch his own offence, f. 22. And no fpirituous liquors fhall be brought into any Retailer to give fuch warehoufe or other place, without firft giving notice pot^'f^ of bring- to the officer of excife : and leaving with him an authentic '"*= '"* certificate, that all the duties are paid, or that they have been condemned as forfeited, and cxprefting the quantity and quality, the name of the feller, and where the duties were paid, or the liquors condemned ; on pam of forfeit- ing 20 1, and alfo the liquors and cafks, 9 G. 2. c. 23.' * ^* M 4 ■ All 1B4- C;;C!ft. [Spirktious liquors,) Kritifh to be All dealers in forei:^n bram.'y or ipirits, who fhall re- tfpt icpanue rcccive iuto their tultody Briti/h Cpluts, fnail keep the fririis. l.\me in (eparate cellars, or other places, troin their foreign brandy or fpirits; on pain of 10 s fr every galion of Brilijh fpirits found in the lame place v/ith the foreign fpiriis. together with the cafks in which the faid Brltiji) Ipirits fiial! be found. 8 G. ^ 1'° ''"r.fed. iliali take out a licence yearly, and pay for the fame 5I. and he Ihall renew the fame annually ten days at leaft be- fore the end of the year; on pain of 30 1. 24 G. 3. c» 4i./#2./. I, 7. No perfon fnall retail any diftilled fpiriiuous liquors or Licence forre- flrong waters, mixed or unmixed, without a licence taken tailins- out ten days before, for which he fliall pay 40 s yearly; if within the bills, from two commiffioners of excife ; elCewhere, from the colleftors and fupervifors within their refpeclive diilriiSts. 16 G. 2, c. 8. /. 8. 24 G. 2. c. 40./ 9. And moreover by 27 G. 3. c. 30. Every fuch retailer, Ad.ritionalH- after the 5th July 1787 fhall, (over and befides any licence tence. or licences to which he was liable, at or before i ith A fay lyiij) take out a licence, and pay for the fame 2/. S s. if the dvv'ehing houfe in which he Ihall refidc, or retail fuch liquors at the time of taking out fuch licence, ihall not, together with the offices, courts, yards, and gardens therevkfiih occupied, be rated under the authority of 19 G. 3. for impoiing duties on inhabited houfes, at a rent of 15 I a year. If rated at 15 1 a year and under 20 1, /.. s. d. . he Ihall pay for a licence - 2160 Ditto 20 1 - 25 1, 3 Piuo i5 ... 3,, 3 J 2 o Ditto I. s d. 4ol 400 50 480 - 4 i6 186 C,rClfC» {Spirituous liquors.) Ditto 30I Ditto 40 Ditto 50 or upwards One eighth part thereof to be paid at the time of taking out fuch licence, and at the end of every fix weeks from that time, (hall be paid another eighth part, until the whole be paid. / 1,2. Penalt on r-- ^^'^ '^ ^"7 P^""^*^" ^^^^ retail any fuch fpirituous liquors tailing without without talcing out fuch licence; or renewing rhe fame fuch licence. annually ten days before the end of the year from the time of taking out fuch former licence ; or fhall not pay^ the money for fuch licence iii manner as aforefaid, he fhall forfeit lool. id. f. 4. PerfoBsia But peifons in . partnerfhip need only take out one partneifliip. licence for one houfe or fhop. id. And every perfon who fhall retail fpirituous liquors deemed recaiU mixed or unmixed, to be drank in any quantity whatfo- ers. ever, in any place to him belonging ; or fhall retail or fend the fame abroad in lefs quantity than two gallons, (hall be deemed zretnihr. jj G. 2. c. 17. f. 20. TT-L t n. II And no fuch licence fhall be granted, except to fuch U' ho only mall • ^. ti- 1 r • have licences, perfons only who keep taverns, victualling houfes, inns, coffee-houfes, or alehoufes ; and all other licences fhall be void ; and if any licenfed perfon fliallexercife the trade of a diftiiler, grocer, or chandler, or keep a brandy fhop for idle of fpirituous liquors, the licence fhall be void. 17 G. 2. c. 17. / 19. rj , ■^ „^ And no licenfed retailer, fliall be the owner, or have Ketausr nor to . i-n-ii o • r • /.ave any fharc any part or iiiarc Hi any diitillery, or rectifying houfe, or »n Jiftiikiies, be concerned in the trade ot a difliller or rectifier, on pain of 500 1. 26 G. 3. c. 73./. 54- . And no licence ih.'Ji be granted within the limits of the head office of excife in London^ but to fuch as occupy tenements of lol a year, and pay parifh rates for the fame ; or in places where the occupiers of houfes are not rated to the church and poor, then to fuch perfons as pay rent of 1 2 1 a year, and not otherwife ; nor to perfons in any other part of the kingdom, but fuch as pay to the church and poor : And no licence fhall be of any avail longer than he fhall be fo qualitied. 24 G. 2. c. 40. f. 12- 26 G. 2. c. 13. / 9. _ , ^ , ,. And fuch perfon fhall alfo be firft licenfed to fell ale or Tobefiiftlicen- ... ,. » . . ,, . . , fed to leU ale. fpiruuous Jiquors, by two or more jultices ot the peace. 16 G. 2. c. 8. f. II- And the jultices of the peace, and other officers, fhall have the iame jurifdiition over fuch retailers of fpirituous ♦iquorsj CjCCift. (Spirituous liquors.) 187 liquors, as they have over alehoufe keepers. 12 ^ 13 IV, c. \i.f,\'6. 2 C?. 2. f. 28./ 10. And no licence fhall impou'er any perfon to fell fpiritu- To beikenfed ous liquors in anyplace, except in the houfe or places °"'y ^^^"^"^^ '^*y thereto belonging, wherein they ihall inhabit at the time of" granting the licence. 17 G. 2. c 17. / 22. 27 G. 3. c. 30./ 4. Perlbns retailing without licence fhall forfeit lol, and Penalty of fell- on non-payment when demanded, one juflice on oath of '"^ w'tliouc fuch negle<5l fhall commit the offender to the houfe of corredlion, to be kept to hard labour for two months, or till paid. 16 G. 2. c. %. f. 9. And the faid penalty fhall in no cafe be mitigated be- low the fum of 5 1. 24 G. 2. c. 40./. 11. 26 G. 2. ..13./ 8. And the juflices may, if they think proper, inflead of levying the penalty commit the offender to the houfe of corre6tion, to be kept to hard labour for two months, I'] G. 2. c. 17./ 18. 9 G. 3. c. 6. /. 3. And alfo all the diftilled fpirituous liquors that fhall be then, or at any time within fix months after conviction, found in his cuflody, houfe, or other place occupied there- with, whether It be in his own occupation or not, fhall by warrant of the faid commiffioners, or of one juflice, be feized, and flaved, or otherwife deflroyed ; And any peace or parifli officer, authorized by fuch warrant, may at any time in fix months after conviction enter fuch places, and break open doors, if not opened on demand. And if any perfon fhall offend again in like manner, the commiffion- ers or juftices bciore whom he fhall be convicted of fuch fubfequent offences, may infliCl the penalties by any for- mer law to be inflidted for fuch ofi'ence, and al(b commit the ou'ender to the houfe of correClion, to be kept to hard labour not exceeding three months. £4 G. 2. c. ^o.f, 13. 9G. 3. r.6. /. 3 And theconvidion (hall be in this form, or to the like effect, viz. Middlefex. A. B. is conviSied on his own confejjion (or on the oath of A. W.) of having fold Jirong waters in the parijh of — in this county^ on the day of ivithont being duly licenfed thereto : This is the firfi or fecond convi^ion. Given under my hand and feal. Sec. And the commiilioners, or onejuftice, on oath of any offence againft this a£t, or any other a6l for regulating the retailing of fpirituous liquors, may grant a warrant to jiny of the peace officers, or other parifh officers, to enter and fearch the houfes and other places, where the offence (hall 1 8 8 (BXtitt- {Spirhuoiis liquors,) fha1l be fworn to have been committed, or in the occupa- tion of the pcrfons (worn to be guilty thereof, and they may break open the doors if not opened on demand^ and feize all fuch diftilled fpirituous liquors as they {hall there find, and detain the fame, til! the offence fhall be heard and determined ; and if the o^ender be convicted, the li- qjurs {I13II be forthwith fcaved ; and if he be not convict- ed, the fame fnall be reftored. 24. G. 2. c. 40./. 14. And whereas the aforefaid penalty of 10 1 is fometimes infufiicient to deter offenders, it is enadted by the 13 G. ^. c 56. that if any perfon fhall, by himfelf, or by any ottier to his benefit, retail- any diftilled fpirituous iiquors without licence ; he fhail forfeit 50 1 : To be recovered, Uvied, and mitigated by any law cf excife, or in tne courts at Weftminfter. Provided, that no perfon profe- cuted by any former aft, fhall be proiecuted for the fame offence by this ace. And provided, that the faid penalty fliall not be mitigated belov/ the fum of 5 1. Hawking in the No perfoH fliall hawlc, fell, or expofe to fale any fpiri- ftreets. tuous liquors about the ftreets, highu'ays, or fields, in any wheel-barrcv/ orbafket, or on the water in any boat, or in any other manner ; or (hall fell or expofe the fame to fale, on any bulk, ftali or (hed, or any other place other than as above is allowed ; on pain of 10 1. And one jui'iice on his own view, or confeffion, or proof of one witnefs, may convict him : whereupon he {hall imme- diately pay the 10 1 to a churchwarden or overfeer : And on refufal or neglect, the juftice fliall commit him to the houfe of correction to be kept to hard labour for two • months to be reckoned from the day of commitment ; and he Hiall not be difcharged till he pay the fum, or till the two months be expired. If there is no informer, it {hall be wholly to the ufe of the poor ; otherwife half to the informer, and half to the poor. 9 G. 2. c. 2T,- J. 13- And any one juftice, on information on oath a;:ainft fuch perfon, may (without any previous fummons) iffue his warrant for apprehending and bringing him before fome juftice where the offence was committed. 11 G, 2. c. 26. / 4. And any perfon may feize and detain him, until he may give notice to the conitable, churchwarden, overfeer, or other peace or parifii officer ; who fhall carry the perfon lo feized and detained, before a juftice of the peace, v.'ho fiiaii proceed thereon as in cafe where he is brought by the conftable. 11 G. i, c. 26. f- 5. />•/.. 13 G. 2- K. and Crofts. A woman was convicted for felling gin, and it appearing that Ihe was a feme co- ,'verr, it was objedted that fne could not bs convicted, for 4 as CyCifC. [Spirituous liquors.) 1 89 as Oie could make no contraifl:, it muft be taken to be her hufband's fale ; or if (he could be convicted, the hufband ought to have been joined for conformi'y. It was anfvver- ed, that where the crime is of fuch a nature, as can hz committed by her alone, (he may be profecuted without her hufband ; which being a proceeding grounded merely on the breach of the law, he fnali not be included^ unleis privy: In this cafe there maybe imprifonment and being kept to hard labour. And by the court, We think the conviiiion is right ; for this is not like the cafes that found only in damages. The wife may be convidted for recufancy. And though fhe cannot have the benefit of the contrail:, yet fhe as well as the fcrvant may do the ait of vending. Befides, there would be a plain way to evade the a<5b, if femes covert could not be convidled. Sir. nil. If any lefs quantity than two gallons fhall be fold or Occupier of the delivered in any clandeftine manner, to any perfon, in |^°"''^ ^^•*^^'»e any houfe, outhoufe, ftable, barn, fned, or other olace, part of or belonging to any houfe or farm j in fuch cafe, the occupier or occupiers (if more than one) confentino- thereto, (hall be deemed retailers, and forfeit as felling without licence. 1 1 G. 2. f. 26. /. I. Perfons giving away fpirituous liquors, to fervants or F'crfons pivlng apprentices fetching goods from their fhop iliall be deemed ^'^■^y Spirituous retailers. 9 G. 1. c. 23. / 16. ^''i"'"''- If any mafter or other perfon fhall agree to pav any Paying wsgcs ia workman, fervant, or labourer, or other perfon employed fpirituous li- by him or for him, fo much money for wages, and fo I"'*"' much fpirituous liquors, as together v/ith the money Ihall amount to the value of the wages ufually paid in like cafes ; or fliall fet ofFor deduft any part of the wages, for any fpirituous liquors ; he fliail be deemed a retailer, and forfeit 20 1, over and above the other penalties, and fuch fervant fhall be intitled to his whole wages. 9 G. 1. c. 23. / 1 1. But nothing herein fhall extend to phyficians or apo- Apothecane^ thccaries felling the fame as medicihes. o G. 2- c. 2':!. '^^•'''"° '^f'"'"'*' r tL r^ o r °"^ liquors. /. 12. 16 G. 2. r. 8./. J2. No licence fhall be granted for retailing of any fpiritu- Selling in gaols ous liquors, within any goal, prifon, or houfe of correc- or workhuurcj. tion, workhoufe, or houfe of entertainment for parifh poor; and if any keeper of fuch prifon or houfe fhall fell, life, lend, or give away, or knowingly fuffer any fpiri- tuous liquors or ftrong waters to be fold, ufed, lent, or given avi^ay in any fuch gaols or houfes, or brought into the fame, except fuch as fhall beprefcribed by the direc- tion 190 Recovering debt for fpiii- tuous liquors. (BXtift* {Spi7'ktictis liquors.) tion of a regular phyficlan, furgeon or apothecary, from the (hop of Tome regular apothecary, hefhall forfeic lool, half to the king, and half (with full cofts) to him who (hall fue in the courts at IVeJim'mJler. And if any fuch perfon fhall offend again in like manner, and be a fecond time convicted ; he fhall forfeit his office. 24 G, 2. c. 40./ 17. And any juftice, on information on oath that fpirltuous liquors or ftrong waters are kept and difpofed of in any fuch prifon or other place, may enter and fearch, or im- power by warrant any conflable to fearch for and feizc all fuch liquors as {hall be found (except fuch as are di- re£ted to be ufed medicinally) and to ftave and deftroy the fame. f. 18. And if any perfon (hall bring, or endeavour to bring any fuch liquors (except in the way of medicine as before mentioned) into any fuch gaol or other place, the gaoler or his fervants may apprehend and carry fuch offender be- fore any juftice of the peace, who (hall hear and deter- mine fuch of^'erice in a fummary way; and if by the oath of one witncfs, or other wife, fuch perfon fnall be con- victed, he (hall be committed to prifon or to the houfe of correction, not exceeding three months, unlefs he fhall immediately pay down fuch fine not exceeding 20 1, and not lefs than lol, as the juflice fhall impofe, to be paid, half to the informer, and half to the poor of fuch prifon or workhoufe. f. 19. And the gaoler, keeper, mafter, or other officer, fha'I procure a copy of the three preceding claufes, to be printed or fairly written, and hung up in one of the moft publick places of his gaol, houfe of corredtion, or workhoure aforefaid, and renew the fame from time to lime, fo that it be always kept fair and legible; on pain of 4.0s, by warrant of one juftice, on oath of one witnefs. And any juftice may enter and demand a fight of it, and if it fhall not be (hewn to him hung up in fome publick place fair and legible; he fhall immediately convi(5t fuch perfon, and fo from time to time as often as he fhall think fit: half to be to the informer, and half (or the whole if there be no informer) to the poor of fuch gaol or other place, f. 20. No perfon fhall recover any debt on account of fpirl- tuous liquors, unlefs it fhall bona fM have been contradt- ed at one time to the amount of 20 s or upwards; nor (hall any particular article in any account be allowed, where the liquors delivered at one time, fhall not amount to the full value of 20 s, and where no part of the liquors 2 io (BXtilt' {Spirituous liquors.) 191 fo fold fhallbe agreed to be returned ; and if any retailer, with or without a licence, fhall take any pawn by way of fecurity for payment of any money for -fuch liquors, he Uiall forfeit 40 s, by warrant of one juftice, half to the poor, and half to the informer ; and the owner ihall have fuch remedy for recovering fuch pawn, as if it had never been pledged. ^4 G. %. c. 40. / 16, If any diftiller orother perfon fhall knowingly fell or Diftllkr deiiver- deliver any diftilled fpirituous liquors, that the fame may ''"S "^o ""'■""- . . ■ fed retailers be unlawfully retailed, or to any unlicenfed retailer ; he ihall forfeit lol, and treble value of the liquors, half to the king, and half to him that ihall fue in the courts at JVeJlminJier, And if any perfon guilty of retailing fuch liquors, {hall difcover the diftiller or perfon who know- ingly fupplied him therewith, and profecute him to con- viction, he fhall be intitled to his fnare of the penalty, and indemnified againft all penalties incurred by him before that time, for felling fpirituous liquors without licence. 24 G. 2. c, 40. /. 15. If any perfons to the number of five or more, fhall in Riotomly refcu- a tumultuous and riotous manner aflemble to refcue any "^S o'^fnoers, ottenclers againlt any act relating to Ipirituous liquors, or formers. for licenfing the retailers thereof, or to afiault any perfon who fhall have given or is about to give any information againft, or lliall have difcovered or given evidence againft, or fhall feize or bring tojuftice any oftender; he, his aiders and abettors fhall be guilty of felony, and tran- fported for feven years. 24 G. 2. c. 40. j. 32. Where any fuch liquors fhall be fold in any fuch entred Permit for re- place, the officer fliall on requeft of the feller (without '^°^*' ^^^^"^ fee) give the buyer a certificate figned by him, expre/Tin^ the quantity, the name of the buyer and feller, and that the duty hath been paid, or that it hath been condemned as forfeited. 6 G. c. 21. J. 16. And no fuch liquor, exceeding one gallon, fnall be car- ried without fuch certificate or permit ; on pain of forfeit- ing the fame with the caflcs and vefTels. [■ i"]. And if any perfon fnall take out a permit, and not re- move the liquors accordingly, nor return the permit; he (hall forfeit treble value : And if there appears not a fuffi- cient decreafe in the ftcck, to anfwer the quantity in the " permit, the officer may feize fo much as will anfwer the quantity. But no perfon (hall receive a permit, without direction in writing of the perfon (or his fervantj from whofe ftock the goods are to be removed ; on pain of 50 1, and in default ot payment, three months imprifonmcnt. 1 1 G. c. 30, / 10. And 392 CjCClft. ( spirituous liquors . ) And all permits for removing Brit'tJJj r[)irlts fliall cor- •refpond with the requeft notes, and (ball be delivered with fuch fpirits to the buyer, on forfeiture of the fame to luch buyer, and double the price thereof includ- ing the duties ; and fuch buyer may be admitted to prove, that fuch fpirits were delivered without a lawful permit: But if it fliall appear at the hearing, that the ieller took out a permit to remove fuch fpirits to fuch buy- er, and had a fuitable decreafe, thefame fliall be adjudged to have been fent out and delivered with a !av/ful permit. — Provided that no buyer, fliall avail himfelf of fuch for- feiture, unlefs complaint is made within 14 days after the delivery of the fpirits. 26 G. 3. c. 73. f. 41, 2, 3. MIxeJ fpirits And no perfon fliall fend out zny EritljD fpirits mixed above four gal- with foreign fpirits above the quantity of 4. gallons, on fentout. pam of forfeiting 50 1. id. f. si • And if any difliller, maker, recl.fier, compouncler, or .Frnudulentiy retailer of fpirits fliall be convicled before the com:r,iffion- ni:iking, or le- ■ n- r r j 1 1 1 • i_ ■ • « ■ ceivinj: fpirits ^1"^' ^^ ^'^^ juitice, OF 1 rauduientiy making or havnig in his without a per pofl'effion any fpirits, either BriiiJJ) or foreign, 'vvithout *'"^' having received a legal permit with the fame, and that fuch oiTence was knowingly and v*'llfully committed, which mufl be fct forth in the conviil^iion ; every fuch offender (over and befides all other penalties) fliall forfeit his li- cence, and the fame fliall be void, and no new licence fliall be granted to him for one month. /V/. / 45. Psrfons having And if any perfon fliall knowingly receive, buy, or Enn^h ff 'uts in j ■ j^ig poflelTion anv IJrii/f/j fpirits, after the fame have which hive not Deen re noved from the place v/here made, and where they been charged ought to h:ive been charged with the duty, bcfere the faid vt'izh the du'v i L ^L T_ I ! / ^ I' ■ I 1 ' duty hath been charged, (except lucri as liave been con- dem.ncd as forfeited) whether he claim any property or intereft therein or not, fliall forfeit the fame, and treble the value thereof, to be eftimated at thebefl: price the like fort fliall then bear in London. 26 G. 3. t\ Jj./. 10, 11, m And no maker or rectifier, fliall receive into his cuftody J srr.cs in which ri • -z? r • • • /i i ,• i n fpirits aie to be any raw /j/v^y/; ipirits in any catk lels than lOO gallons; received, and and no diflillcr cr rcdlifier, or dealer in fpirits, fhall re- ze ot the caiiis. ^-giyg ^ny ^r/Vz/Zi brandy, compounds, raw fpirits, or fpirits of vvine, but between five in the morning and feven in the evening, from 25th A'larcb to 29th September inclu- five ; and between leven in the morning and fix in the evening from 3':th September to 25th Adarch inclufive ; on forfeiture thereof, and alfo the cafics, which may be feiz- ed, and alfo 50 1. id. f. 46. - ... ., If anv perfon fljall offer anv foirituous liquors to fale. Selling without r ' •<•■'' jt ■ i- a permit, or pfd- not aaving a permit ; or u any pedlar or otner tradmg larswithone. perfon, golng from towD to to'.vn, or other mens houfes, and ^JCClfC' ( Sph^ituoiLs liquors,) 193 and trading either on foot, or with any horfe or other cattle, orotherwife, Ihall offer any fuch liquors to fale, altho' he have a permit : the perfon to whom they are offered to fale, may feize and detain fuch liquors, and carry them to the next warehoufe belonging to the cuf- toms or excife, and bring the perfon before a juftice, to be by him committed to prifon, and profecuted for the pe- nalties incurred for fuch offence; and fuch liquors may be profecuted in the name of the perfon who (topped or feized the fame, in like manner as if they had been feized by an officer. 9 G. 1. c. 35. / 20. When any officer of the cuftoms fliall negletS to feize Officemegiea- and profecute any veffel, boat, horfcs, or other cattle or '"S '° '"'^'^s* carriage, forfeited for running of brandy, and fhall be convifted thereof on his appearance or default, by oath of one witnefs, or confeffion ; he fhall forfeit 50 1. 6 G. 1. c. 17. f, 10. If any conftable or other peace officer, fliall refufe or Comlable n«- negledt on notice, or his own view, to be aiding in the l'^*^'"*^ ^"* execution of this, or of the ads of 9 G. 2. or 10 G. 2. herein mentioned ; he fliall, on conviilion by the oath of one witnefs, forfeit 20 1. 11 G. 2. c. 26. / 7. All low wines or fplrits carried coaftwife, without a Carrying coaft- certificate from the officer of excife where they were made, wife, that the duty hath been paid, fhall be forfeited, and feized by the officers where they fliall be brought in. 3 G. c. 4. By the former a61s, it was generally provided, that Shipped as home fpirits might be exported, and a drawback of the ^"f^^* duties was to be allowed thereupon. But by the 6 G. 2. c. 17. for fpirits drawn from Britijh corn, there was to be allowed a drawback by the excife officers at the port of fliipping, of 4I i8s a ton, in full of all drawbacks; Except that from every ton of fpirits drawn from barley malt, or oth'cr corn, there (ball be paid by the officers of the cuftoms, when barley is 24 s a quarter, or under il los, in like manner as for corn exported, f. 7, 8. And by the 33 G. 2. c 9. there was to be an additional drawback of 24 1 10 s a ton, on all ^nV//?; made fpirits exported; oath being made before two commiffioners of excife or juUices of the peace, that the duties were paid, and that the fame were to be exported for merchandize to befpent beyond the feas. /. 15. And by the faid adl of the 33 G. 2. c. 9. it is further enaded, that the fame drawbacks and allowances fliall h'l ■ made on fpirits fhipped zsjores, to be fpent on fliipboard. Vol. II. N on 194 CjCCift- [Spirituous liquors,) on giving five days notice thereof to the commlfiloners of excife or to whom they fhall appoint, mentioning therein the deftination of the voyage, the tonage of the fhip, and the number of mariners intended to be employed ; which faid commiffioners, or perfon appointed by ihem, fhall afcertain the quantity of fuch fpirits which fhall be fhip- ped on board fuch vcllel as ftores, and the fize and marks of the cafksin which fuch fpirits fliall be (hipped. And on oath being made before one commiffioner or juftice of the peace, or other perfon authorized by the commillion- ers, tharthe duties are paid, and that the f^me are to be ftiipped as ftores to be fpent in the voyage ; and on cer- tificate from the officer of excife where fuch fpirits were fhipped of the quantity fo fliipped, and that the fame were proof fpirits, and {hipped in the prefence of fuch officer, the duty fhall be allowed or paid back. / 15. Provided, that no drawback fhall be allowed for fpirits fhipped ^^Jlores-, in any veffel of lefs than ico tons bur- den, f. 16. And if any fuch fpirits {hipped for Jiorss^ fhall be re- landed in Great Britain^ Gtiernfey, 'J^'^pyt -^Iderney^ Sarky or Man y unlefs in cafe of diftrefs to fave the goods from periihing (of which notice fhall immediately be given to the proper officer) j then, not only all fuch fpirits and the cafks or other package fhall be forfeited, but alfo the perfon who fhall bring, or procure fuch fpirits to be re- landed or fhall be affifting or otherwife concerned in un- iliipping the fame, or to whofe hands the fame {hall know- ingly come after the unfhipping, or by whofe privity or dirckStion the fame fl^all be relanded, fhall forfeit double the amount of the drawback, and alfo the cafks and other package, together with the veflels and boats, and all the horfes or other cattle and carriages whatfoever, made ufe of in landing, removing, c r carrying the fame j which may be feized by any officer of the cuftoms or excife. Ma{l:er affifting therein, or conniving thereat, {hall (over and above aJl other penalties) be imprifoned for fix months. And if the package fhall be altered at any time after the (hipping thereof, and before the arrival of the fhip at the place of difcharge ; the mafter, or other per- fon taking charge of the veilel, (hall forfeit lool. f. iS. And whereas fpirits fhipped for ftores are frequently concealed from the officers, on pretence of being put un- derneath other goods ; all fpirits fhipped fur ftores, (hall, during the time the velTel (hall be in port, be openly ftowed and kept, fo that the officers may at any time examine the fame j on pain of forfeiilng double the duty of all fuch ftores ^JCC(f0» [Spirituous liquo?'s ) 195 ilores which fliall not be fo flowed and kept, or produced and {hewn to the officers of excife, according to the rate fuch fpirits would have been charged with if made for home confumption. 2 G. 3. r. 5. / 2i. No wafh which fhall be brewed or made for the making Exportation of low wines in order to extradt fpirits for exportation, nor <^"'y ^'ee. any fuch low wines or fpirits, fhall be chargeable with any duties of excife, and all drawbacks thereupon, whether payable by the coenmiffioners of excife or cufloms fliall ceafe. 2 G. 3. r. 5. yC 5, 6. Every diftiller intending to make or diflil fpirits for r^try of lioufes exportation, fhall, four days at the leaft before he fliall malJn-Virrts begin to brew any corner grain, or to mix any other ma- for exportation. terials for the making of wafh, to be diftilled into low wines, in order to extradl fpirits for exportation, — make a particulary entry at the next office of excife, of every flill, copper, ton, waflibatch, cafk, or other veflel, which he fliall make ufe of for the brewing, diftilling, working, making, laying, or keeping any worts, wafh, low wines, or fpirits ; and alfo of the cafks or vellds which he fliall make ufe of for the brewing, holding, or keeping of the after-running or feints from the fecond extraction which fliall from time to time be drawn from every fuch ftill ; and alfo of every v»'orkhoufe, flillhoufe, florehoufe, warehoufe, or other place, by him ufed for the preparing, diflilling, or keeping wafli, low wines, or j'pirits •, and in fuch entry fliall infert the day when he in- tends to begin hrfl to brew any corn or grain, or to mix any other materials for the making of wafli, to be difl.lled into low wines, in order to extradi f^/irits for exportation ; and fliall afterwards, from time to time, during the con- tinuance of fuch entry, give or leave notice in writing at the faid office of excife, or with the officer for the divifion, four hours at leaft before he (hall begin any fuch fub'e- quent brewing or mixing, and lliall infert in fuch notice the hour when he intends to begin; and fliall alfo, from time > to time, during the continuance of fuch entry, give or leave notice in writing at the faid office of excile or with the faid officer, four hours at leaft before any wafli is pumped up or otherwife conveyed into the ftill, and fliall infert in fuch notice the hour whtn he intend"; to begin ; on pain of lool for every offence. And if after fuch en- try fo made, he fliall not be2;in and proceed to brew or mix his materials as aforefaid, on the day mentioned in fuch entry or within four hours afterwards; or having given fuch notice, fhall net begin and proceed in fuch N 2 oper^- ic)6 CjCCffC" (Spirituous liquors,) operations at the hour and time mentioned in fuch notlcej or in two hours afterwards ; fuch notice fhall be void; and if he (hall proceed without frcfli entry or notice re- ipeclively, he (hall forfeit the like fum of ico 1. 2 G. 3. *■• 5-/ 7- Provided, that nothing herein (nail extend to permit or authorize any diftiller to make entry of his intention to make fpirits for exportation, whofe wafh ftill will not contain 1600 gallons, and the fpirit or low v/ine (till 800 gallons. /. 8. Neither (hall any diftiller be permitted to diftil fpirits for exportation, altho' he may have made entry as afore- faid unlefs he fnall a6lually have diftilled into fpirits all the wafh and lov/ v/ines in his cuftody for making of fpirits for home confumption, at lead, 48 hours before the day mentioned in fuch entry, id. Provided, that v^'hen any diftiller fliall be defirous of diftilling any fpirits for home confumption, and (hall have actually diftilled into fpirits all the wa(h, low wines, and feints in his pofleffion for the making of fpirits for exportation, and fuch fpirits (hall be locked up in the warehoufe as herein after is directed ; he may withdraw his entry for exportation, and be at liberty to make a frefh and like entry for making fpirits for home confumption ; and after fix days from fuch entry made, he may begin to brew or mix materials for wafh to be diftilled into fpirits for home confumption : And if he (hall begin contrary hereunto, he (hall forfeit 200 1. f. 9. Mannerofmak- -^"^ "o wa(h that (hall be brewed or mixed for the ex- ing and ware- trailing of fpirits for exportation, (hall be pumped up into ^;°"'^.?;l!°'^ ^^' the ftill, or otherwife removed from the back or vefTel v/herein the fame was fermented, but in the prefence of an officer; and fuch diftiller (hall run or draw off his low wines immediately from the ftill into entred vefTels only, and continue them therein, fo that the officers may take a true gage of fuch low wines; and fuch diftiller (hall provide a proper cafk which (hall be duly entred and gaged, into which the fpirits (hall immediately run from the ftill, which cafli (hall be fufficient to contain the whole pro- duce of fpirits to be extraifbed from each ftill when made up to the proper ftrength fuch fpirits are re- quired to be; and when the whole quantity of fpirits fhall be collected in fuch callc from each ftill, fuch diftiller (hall immediately make up fuch fpirits in the pre- fence of the officer, to the ftrength of one to fix under hy- drometer proof: And a true gage of fuch fpirits {o ma'ie up tian. (BftUt* {Spirituotts liquors^ 197 up (liall then be taken by the officer. And the faid fpi- rits fliall immediately afterwards be put into cafks, and i'ecured in the prefence of the officer in a warehoufe to be provided and kept by the dillih'er, and duly entred at the proper office of excife ; which fpirits fhall be kept there Separate from all fpirits made for home confumption ; and no fpirits for home confumption fliall be put into the fame warehoufe; and fuch warehoufe fhall be fccured under three locks, one to be provided by the diftiller, and the other two by the officer of excife at the expence of the diftiller; whereof one key to be kept by the difliller, another by the fupervifor, and the third by the officer of excife, until the fpirits fhall be delivered out for redifi- cation, or afterwards for exportation ; which warehoufe fliall be fecured to the fatisfadlion of the fupervifor figni- iied under his hand: and if any difliller for exportatioa fliall acfi: contrary to thefedireftions; or fhall obftrud the officer in gaging, or in taking fatnpies, or in trying the proof of the fpirits (which gages, famples, and trials of proof the officers fhall make as often as the commiffioners fhall direct, the famples to be returned when the com- miffioners fhall find it expedient to give diredious for that purpofe) ; or fliall open any of the locks in the abfence of the officer, or make any way into fuch warehoufe, or remove any part of the partition of it, or make any ad- dition to, or any way alter the fame, without notice to the fupervifor and his confent in writing firft had ; or fnall remove any of the faid fpirits from the warehoufe, before the fame fhall be taken out for immediate rectifi- cation or exportation; or fnall remove or conceal any wafh or low wines for making fpirits for exportation, or any fuch fpirits, whether raw, or reflified, either before the fame are put into the warehoufe or afterwards ; he fhall forfeit 500I. 2 G. 3. c. 5. / ic. But this fhall not hinder any maker of fpirits for ex- portation, from fending fuch fpirits out of his locked warehoufe to any other diftiller : provided fuch maker and diftiller give bond in double value of the fpirits, and double duty which they would have been liable to if made for home confumption, for the due exportation thereof within three months ; and provided leave in writing be obtained from the commiffioners ; and four hours notice ilicreof at leaft be given to the officer, that he may receive the fame into fuch diftiller's ftock ; and provided fuch pirits be removed with a proper certificate from an excife fficer : And fuch diliiller fhall thereafter be liable to the N 3 ' famo 198 CrCifC. [Spirituous iiquors,] fame penalties for breach of dircdlions, as the maker would have been. f. \i. And to prevent diflillers from working in the abfence of the officers; every fuch diftiller fhall permit the officer tofecure the heads of the ilills, when the ftills are not at work; and alfo' the pumps for charging the ftilis and emptying the low wine and fpirit cafk, {o as to prevent the fame from being ufed in the abfence of the officer; and alfo to fecure the lid or head of the low wine and fpirit cafKs, and the fafe at the end of the worm, to prevent any fpirits or low Vi'ines from being fecreted, whilft the flill is at work. / 18. TaliinKoutof No raw unrettified fpirits fhall be permitted to be ex- 5 ^ ^^^V"^'^ ported. And when any difliller for exportation fhiiU be tor rectirv.ng, «^ ^ - . - . . ' ^ . or exportation, defuous to take any of his fpirits out of the warehoufe in order to be reiljfied, or when recl:ified, and again de- pofited in the warehoufe, in order to be immediately fhip- ed for exportation, he fliall thereof give four hours notice in writing to the fupervifor or officer of excife, and fliall infert in fuch notice the day and hour when he intends fo to do, and alfo the quantity and quality of fpirits he de- fires totake out, and whether fuch fpiri;s are raw or recti- fied, and outof wh.Tt warehoufe, and v/hether the fame are for rectification and by whom, or for immediate exporta- tion, or to be feiit coaf^vvays, and to wnom and to what port, and whether for merchandize or (lores : And the fu- pervifor or officer Ihall attend and fee the quantity taken out, and take an account of the fame. And if fuch diftil- ler xiiall not begin and proceed to take the fpirits out of the warehoufe at the time mentioned in the notice, or within two hours after, fuch notice fhall be void ; and he {hall give a freih notice tour hours at leaft before he iTiall begin to take the faid fpirits out of the warehoufe. And if he fhall make default in any of the faid particulars, he Ihall forfeit ICO 1. 2 G. 3. c. ^. / 11. And when any raw fpirits fhall be fo taken out in pur- fuancc of fuch notice, the fame ihall be immediately pump- ed up, or put in the prefence of the officer into the ftill or ftilis, and be redlified forthwith, and the fpirits fliall be run off immediately from the flill into a like cafk as is before directed to be provided and entred for the contain- ing of fpirits immediately diflilled from low wines; and when the whole quantity of fpirits defigned to be made into brandy fhall be colIe(5ted into ftich cafk from each flill, the fame fliall be immediately made up in the pre- fence of the officer to the itrength of one to fix under hydrometer proof, at which flrength all fpirits are to be expoit- CjTC^fC (^Spirituous liquors »^ igg exported ; and a gage of fuch fplrlts fo made up fliall then be taken by the officer, who fhall keep an account thereof; and fuch fpirits fliall Immediately afterwards be put into cafics, and in the prefence of the officer either carried diredliy on fhipboard for exportation (if intended to be immediately exported), or elfe into fuch warehoufe to be locked up in manner aforefaid. 2 G. 3. c. ^.f. 13. And if it (hall happen, that the fpirits diftilled for ex- portation in one day belonging to any diftiller, cannot for want of time be conveyed from the fpirit cafk (into which they are directed to be run immediately from the ftill) and locked up in the warehoufe ; the officer fhall gage the fame, and fecure the lid of the faid fpirit cafk, and take famples thereof : which fpirits fliall be locked up in the warchoufe the next morning (if not intended for immedi- ate exportation). And if it fliall appear, that any decreafe has been made in the quantity or quality of the faid fpirits fo gaged ; or if any fuch fpirits fliall have been removed in the abfence of the officer; the diftiller (hall be charged for the faid fpirits fo decreafed or removed, double the du- ties which they would have been charged with if made for home confumption. f. 14. By feverai former a£ls, fpirits made for exportation Taking ont for were permitted (under certain regulations) to be taken '^.''"'^ *=°"^'*™P- out of the warehoufe for home confumption ; but now, by the 21 ^.3.^. 55. no fpirits made for exportation fliall, u\ any cafe whatever, be delivered out of the warehoufe for home confumption. f. 3^ ' When any quantity of rav/ fpirits fliall, in purfuance To be returned of any notice, be delivered out of the warehoufe, in order ^° ^|?e w^re- CL- c 1. r II /- oT 1 ^ ■ • houfe after lec- to rectify the lame; as many gallons of reciihed fpirits, tifyjng, and of the fame fl^rength when made up, (hall be pro- duced, as fuch quantity amounted to when taken out of the warehoufe, allowing only for the feints. Andthecom- miffioners fliall make juft: allowances for neceiTary wafte, and the dift'erence that will arife between gaging and weighing fpirits. Which feints fliall alfo be run off from the fliil diredly into one large feint caflc, and fhall be immediately gaged as foon as the liill is off, and an ac- count thereof taken by the officer, and kept in fl:ock by him ; who may take famples of fuch feints. Which feints fliall be in like m.mncr locked up in the warehoufe, and fliall be there put into one or more large cafes to be pro- vided by the diftiller, and marked with the word Feints, And every fuch diftiller fliall, once a month at leaft, diflill all his feints, and make up the fpirits to be produced therefrom of the ftrength of one to fix under hydrometer N 4 proof. 200 (Bjtift^ (^Spirituous liquors.) proof. And all fuch fpirits fhall then be locked up, or exported as other fpirits for exportation are hereby cirecled to be. 2 G. 3. c. 5. /. 17. And by the 21 G. 3. c. 55. The diftiUer (hall be allowed after the rate of fix gallons for every ton, in full coni- penfation for all wafte, lofs, or damage (except in cafe of unavoidable accidents) ; and all decreafe above that pro- portion Ihall be charged v^'ith double the duty which the fpirits would have been charged with, if they had been made for home confumption. f. 32. Tcnaity for By the 2 G. 3. c. 5. If any decreafe fliall be found Jpin:smi2ing. -^^ ^^^ ,^^jj^ brewed or made for the diftilling of fpirits for exportation (except fuch decreafe as fhall be made appear to the commiilioners to have really and truly rifen from accidents) ; the officer fhall charge double duty for the fame, calculating fuch waih fo found to be decreafed, to produce the fame quantity of low wines and fpirits as wafh is prefumed to do when fpirits are made for home confumption : And if any decreafe fhall a-jpear in the ftock oi fpirits made for exportation, except fuch as may be accounted for by certificate of the officer either as being exported for merchandize or for ftores, or as being taken out for home confumption on payment of duties by confent of the commiffioners, or by any allowance the commiffioners fnall have made for waftc or for any dif- ference which may have arifen between gage and weight, or by being fent coaftwife for exportation, or by being fent with the confent of the commiffioners to any other diftiller in order to be re£lified for exportation ; the officer fball charge for all the fpirits fo decreafed, double the duty fuch fpirits would have been charged with if made for home confumption. /• iS. And by the 21 G. 3. c. 55. For the better enabling the officers to make true charges on the apparent decreafes of wafh difcovered at the itill houfe of every diftiller making fpirits for exportation, every fuch diftiller, who between October i, and June i, yearly, fhall diftil fpirits for exportation, fhall for every fix gallons of wafli produce to the officer one gallon of fpirits ; and between June I, and Odlober i, for every feven gallons of wafh, one gallon of fpirits : Otherwife they fhall be charged for all the waili miffing, over and above the faid fix gallons and feven gallons, as for fpirits made for home qcnfumption. J. 31. DeHveiedout "When fpirits mace for exportation fhall be deli- lor cariying vcrcd cut cf the warchoufe, to be fent coajiwife (with a coaftwiic for ex- ■ c . c u rr \ ■ i ccrtincaie from the proper officer) in orccr tor exporta- puiTtauon. tion Cytlft^ (Spirituous liquors,) 20 1 tion : the diftiller fliall, on taking out the fame, give bond in double the value of the fpirits, and double the duties which are payable for the like fpirits difiilled for Ijomeconfumption, that the fiinie {hall (the danger of the feas and enemies excepted) be really and truly landed in fiich port of this kingdom for which the fame fliall be entrcd. And fuch bonds fhall not be difcharged or deli- vered up, till a certificate ihall be produced from the chief officer of excife of the port for which fuch fpirits wereentred, teftifving the landing thereof, and defcribing the number of the cafl<:s or other package, and the marks, and the quantity of fpirits landed ; and alfo teftifying, that the mafler, mate, purfer or other perfon having charge of the vefTel, had rhade oath before him, that the faid fpirits were fairly landed there, and that at the time of landing they were of the fame quality as when fhipped on board, and that no part of fuch fpirits had been wil- fully or fraudulently diminifhed, relanded, or unfhipped fince the fame were put on board ; and alfo, teftifying, that the fame were really, and truly, fince their arrival there, exported from thence to foreign parts : and the condition of all fuch coaft bonds {hall be, to produce fuch certificate in lix months from the date thereof. And fuch fpirits fo to be fent coaflwife, when landed, at the port for which they were entred, Ihall be immediately put into a proper warehoufe, and there continued until the fame fhall be exported, and fhall be fccured by the perfon to whom tiiey are fent, and by the faid chief officer, by two locks and keys to be provided by the peri'on to whom the fpirits were fent, one key to be kept by the faid perfon, and the other by the officer. And all maf- ters, commanders, and other perfons belonging to any vefiel carrying goods coaftvvifc, v>?ho fhall affift or con- nive at the fraudulent landing, embezilling, or diminifh- jng any fpirits fent coaflwife, and all other perfons con- cerned in unlhipping the fame, or to whofe hands the fame {hall knowingly come, {liall be fuhject to all pe- nalties and forfeitures infiiilcd by any former a<£l: for in- forcing the fair exportation of fpirits to foreig^n parts. 2 G. 3. c. 5. /. 19. When any fp'.rits made for exportation fliall be en- p,ond to be tred ^ov Ireland^ or his majcfty's plantations in y^7?z^r/V(5-, ^'\=" "» ^''P'^f- or any other parts beyond the fcas in Europe^ or any parts "'•'®"* in Africa or AJla \ the exporter thereof, when the whole quantity of fpirits intended at that time to be exported fhall be fhipped, fliall immediately give bond in double value 20 2 CjTClff* [Spirituous liquors ») ^ value of the fpirits entred for e-portation, and double the duties fuch fpirits ought to have paid if they had been made for home confumption, that the fame fhall (the danger of the feas and enemies excepted) be landed at the place of deftination, and until fuch bond fhall be entred into by the exporter, the diftiiler from whofe warehoufe fuch fpirits were fent fhall be chargei for fuch quantity of fpirits fo fhipped for exportation, with double the duty fuch fpirits would have been charged with if made for home confumption, and fuch charge fhall not be dif- charged till fuch bond ihall be given ; and fuch bond fhall not be difcharged, till a certificate be produced from the proper oiHcer abroad^ of the due landing thereof, and of oath being made before him by the mafter or other perfon having charge of the veflel that the fame had not been fraudulently diminifhed, relanded, or unr^iipped ; and until oath fhall alfo be made by the exporter at home, that to the beft of his knowledge or belief, the fame were difpofed of at the place referred to in the certificate : and the condition of the bond fhall be, to produce fuch certificate from Ireland in 6 months, from J'nr-'ica in i8 months, from other parts of Europe in 15 months, from Africa iii 18 month?, and from Afia in 3 years, dan- ger of the feas and enemies excepted. 2 G. 3. c. 5. / 21, 22. Bounty on ex- For the encouragement of the exportation of fpirits puliation. made from czm \ there fhall be a bounty of 3I 12 s for every 6on of fpirits made from corn, which fhall be ex- ported as meichandize. And on oath made before two commiffioners of excife, or juftices of the peace fcr the place from which fuch fpirits are intrended to be exported, that the fame were drawn and made in Great Britain from corn under the regulations of this adl, and not mixed with any other m:iteria!s except what were neceiTary for rectifying the fame, and that fince the making thereof the fame have been properly fecured in a warehoufe according to the direftions of this act, and that the fame are to be exported for merchandize to be fpent beyond the feas ; and on producing a certificate under the hand of the of- ficer of excife for the port or place where fuch fpirits were fhipped, of the quantities fo (hipped, and that the fame were (hipped in the prcfence of fuch olhcer; the diftiiler fhall be paid by the commiflioners of excife, or their colledlor for the port or place where fucii fpirits ihall be fhipped, the faid bounty of 3I 12 s a ton, and (o in proportion for a greater or lefs quantity. 2 G. '^. c. 5. /. 20. 27 G. 3. c. 13. Schc:L (F) Provided, C)t*C(fC» {Spirituous ligucrsJ) 203 Provided, that no drawback (hall be allowed, for any Britifi) made fpirits, exported as merchandize, in any cafk containing lefs than lOO gallons, or in any veflel of lefs burthen than lOO tons. 33 G, 2. c. 9./ 16. — Ex- cept to y^nV^ 7ini\ Newfoundland ', unto which places they may be exported as merchandize, in any vefTel not being of lefs burthen than yo tons. 6 G. 3. c. 46. /. 9. On the exportation of rum or fpirits of the pro- Exportation of duce of the Britijh plantations in America, as merchan- '"m* dize, in lieu of all foimer drawbacks, all the duties of cultom fhall be drawn back : and rum exported from the rum warehoufe, before payment of the excife duties, {hall be difcharged of the faid duties of excife. 33 G. 2. c. 28. / I, 2. And on oath made before two commifHoners or juftices, that the rum is to be exported for merchandize to be fpent beyond the feas ; and on producing a certificate from the excife officer of the quantity fhipped, and that a certifi- cate was produced from the proper officer of delivery from the warehoufe on bond being given for the due expor~ tation thereof, and alfo upon delivery of fuch laft men- tioned certificate, the perfon having cuftody of the bond for payment of the duties fhall deliver it up ; or if only a part of the rum contained in the bond fhall be certified to be fhipped off, then fuch quantity fhall be indorfed upon the bond. 33 G. 1. c. 28. /. i, 2. 8 G. 3. c. 25./ 7. Provided, that the faid drawback fhall not be allowed for any rum exported in any cafk containing leis than 100 gallons, or fhipped on board any veiTel of lefs burden than 100 tons (except to Africa^ Ireland^ and Newfound- land ; unto which places they may be exported as mer- chandize, in any vefTel not being of lefs burden than yo tons, 6 G. 3. c. 46. / 9) ; or exported from any port not being the port of its importation. 33 G. 2. c. 28. f. 6. And if after delivery from the faid warehoufe any rum fhall be concealed; or not fhipped within 12 hours; or the cafKs or package be opened, or any part taken out, or the quality be altered ; all fuch rum fball be forfeited with the cafks and package, and may be feized by any officer of excife ; and the bond for exportation fhall be put in fuit, unlefs the commiffioners fee caufe to forbear the fame. f. 8. ^y the ig G. 3. c. 22. a like drawback fhall be al- lowed for two years, for rum exported as flores to be fpent in the voyage. — Which by 21 G. 3- c. 29. is con- tinued to Apr. I, 1783. All 204 Powfr cf the juiljces. Reward where no penalty is levieJ. Limitation of actions. Sale after con- demnation. Utenfils liable. Gcnvii5tion to be kept amongft the records of the feiTions, ®jCt(ft. (Spirituous liquors.) All the penalties not herein othcrwife direded, fliall be fued for and mitigated as by the laws of excife, or in the courts at JVeJiminJier ; and be half to the king, and half to the informer or profecutor. 24 G. 2. c. 40. f. 33. 27 G. 3. c. 3./. 7. And where the retailer is fent to the houfe of cor- rection, the commifTioners fhall caufe rew.irds, not ex- ceeding 5 1, to be paid to the informers. 17 G. 1. c. 17. / 21. No informations (hall be brought againft a diftiller, for any falfe or mifentry, or offence, but within three months after the offence committed j and notice thereof fliall be given to the party in writing, or left at his dwel- ling houfe, within a week after laying the information. 12 C5' 13 /'^. r, II. / 17. And the commiffioners fhall caufe all foreign excifeable liquors, feized for non-payment of duty, or for being prohibited to be imported, to be publickly fold, after con- demnation, to the beft bidder, at fuch places as they fhall think proper. 12 G. c. iS.f. I. And all ftills, worfns, and flill heads, and other veflels and utenfils for difti'Hng, by whomfoever they fhall be claimed, fhall be liable to arrears. 7^8 //^. The jullices within the limits of the head office of excife in London, fhall once in every month tranfmit to ■• the clerk of the peace, a certificate of all perfons convicted before them for any offences againft this or any former act relating to fpirituous liquors, or for licenling the re- tailers thereof J who fhall keep and enter the fame among the records of the court : which certificate fhall be evi- dence upon any information relating to fpirituous liquors, 24 G. 2. c./^o.J. 21. XVII. Starch, hair powder ^ and Ji one blue. n-jty on impor- By 27 G. 3. c. 1 3. Sched. (A) for every ^'^''°"' hundred weight offtarch or hair powder im- ported, flip.n be paid a duty of - - And by the faid act, Sched. (F) for every pound oijianh of what kind focver made in Great Britain^ fhall be paid by the maker, a duty of - - - - - - But there fhall be an allowance made for every pound of Jlarch made and uled in Great Britain before 5 July 1788, in prepat- Dnty on home ftaicl). Ailowsnrc if t>ifd in manu- ;c»Ilurei, I' 5 d. 8 31 ing (BXtitt. {Starch, 6cc.) 205 ing and finifliing any manufadures from flax or cotton for faie, (except fuch as (hall be ufed in finifhing new linen in the piece ^. s. d, for fale - - - - - -00i£ And if ufed in finifhing new linen in the piece for fale - - - - -003 For the management of which duties on home flarch Officers for thefc the commiffioners of the treafury fhall appoint commif- "^"'^'^s. fioners, who fhall fubftitute inferior officers, \q> An, c. 0.6./. (^. No perfon, within the limits of the head office of who ftiaii be a excife in London, Ihall be a maker of ftarch, unlefs he ""a^er offtarch. occupies a tenement of 10 1 a year or upwards, and for which he fhall be afTefied in his own name, and alfo pay to the poor rates : and elfewhere, unlefs he pay to church and poor : and where there are no rates to church and poor, then to the rates on houfes and windows ; on the like penalties as for making flarch v.'ithout entry, ig G. 3. c. 40./ 3. 26 G. 3. c. 51. / 20. And &v&\y Jiarch maker (h^W take out a licence, for starchmakers to which he fhall pay 5 1, and fhall renew the fame annually, be liccnfed. ten days at leafl before the end of the year ; on pain of 30 1. '24 G. 3. c. 41. feff. 2. / T, 7. And no maker of inarch, fhall ere6l, fet up, alter. Places of mak- change, enlarge, or make ufe of, any workhoufe, flore- '"S ^'^ '^^ ^^- houfe, room, or other place, for the making, drying, or keeping of flarch ; or for the keeping any flour or meal, or other m.aterials, proper to be made in;o ftarch, or ufe any fat, trough, kiln, ftove, box, utenfil, or other vef- fel for the making of ftarch, v.^ithout fiiH: giving notice in writing thereof, and of his name or place of abode, (un- lefs fuch notice has been before given) at the next office, for the faid duties. And if fuch maker fhall make de- fault herein, he fhall forfeit 200 1. 24 G. 3. c. &!^. fcjf. 2. /. I. And all rooms and places, veflels and utenfils fhall be Rooms and vef- marked and numbered, at the difcretion cf the furveyor ^"^'^ "^^ ^^ """*' or fupervifor, at the expence of the maker, on the pe- nalty of 50 I. 19 G. 3. c. 40./ 12. And a fummons left at the place where difcovery fhall be made of fuch offence, directed to the perfon profecuted, by his right or aflumed name ; fhall be as efFeciual as if delivered perfonally, and directed to him by his proper name. 5 G. 3. c. 43./ 19. And all flour, meal, and other materials, found in any private workhoufe, or other place, and all private utenfils, and 2o6 €XtUC* [Starchy &c.) and veflels for making or keeping ftarcb, for which no entry ftiall be made, or notice given, fhall be forfeited, or the value thereof. lo An. c. 26./. 22. Names, &c. to And every ftarch maker fhall caufe his name to be beputr.p. painted in large letters, of at Icaft 3 inches in length, and fnall put the fame over his door, or in fome confpi- cuous part of the front of his houfe, with the addition of the vi 0x6. J] arch- maker ^ on penalty of icol, f, 3. Officers to enter And the officer fhall at all times by day or night, andfuivey. ^^^ jp j^ ^j^g night in prcfencc of a conftable, be permit- ted on requeil to enter the houfe, workhoufe, warehoufe, or other place ufed by any maker of ftarch ; and by gaging or weighing the ftarch, and gaging the boxes and other utenfils, or othervi'ire-, to take an account of the quan- tity ; and thereof fhall make return in writing to the commifTioners, leaving a true copy, if demanded, under his hand, with the maker; and if he fhall not leave fuch copy (after demand in writing, 12 G. c. 1^. f. 30.) he fhall forfeit 40 s. 10 An. c. 2b. f. 14. • Obftrucling the And if the maker fliall obftrud fuch officer in the exe- officer. cution of his duty, he fhall forfeit 100 1. 24 G. 3. c. 48. / 6. Notice of emp- The maker, before he begins to empty or wafh out t\ing the vats, any of the vats by him ufed in preparing or making of flarch, fhall give to the officer 12 hours notice if within the bills, elfewhere 24 hours, of the particular time and hour when he intends to begin : and if he fhall not begin at the hour, or within two hours after, the notice fhall be void. And if he fhall begin without giving fuch no- tice, he fhall forfeit 100 1. 19 G. 3. c. 4c. / 6. And he fhall (on the like pain) after he has begun to empty or wafli out fuch vats, proceed and continue to empty or wafh out the fame without leaving ofF, (except for one night) and fhall fanifh the fame within 48 hours from the time of beginning. 26 G. 3. ^. 51./ 15. And as foon as the vats fhall be emptied, and the wa- ters put into frames or tubs ufed for preparing and mak- ing the fame into flarch, the faid waters fhall remain therein undifturbed for 48 hours at leafl, and during that time the flimes and wafh fhall not be taken off the fame. 19 G. 3. c. 40./. 7. And if the maker, whilft the ftarch is in operation, and under water, mix any of the flarch waters ot one making, with thofe of another making, although in the prcfence of an officer, he fhall forfeit 100 1 : But flimes which have been cntred as fuch, tray be mixed in the prefence of an officer. 26 G. 3. c. 51. / 18. When (BXti(t> [Starch, &c.) 207 When the maker fhall be defirous to take ofF from the Notice of takina four waters the flimes or waih fo put into the frames ^^^ waters out or tubs, after the fame (hall have remained undifturbed °* "^^^ ^"''^' for 48 hours, he (hall give to the officer 12 hours notice within the bills, elfewhere 24 hours, of the particular time and hour when he intends to take ofF fuch flimes and wafti. And if he fhall not begin at the time, or within two hours after, the notice ftiall be void. And if he (hall begin without giving fuch notice, he (liall forfeit 100 1. 19 G. 3. c. 40. y. 8. And he fhall (on the like pain) after he has begun to take off the (limes or wafh from the four waters, con- tin)je to (hift the faid four waters until the whole is finifh- cd, and fhall finifli the fame within 12 hours from the time of beginning. 26 G, 3. c. ^r. f. 15. And when the taking off the (lime and wafh from the four waters is flnifhed, and the green waters fhall be put into the tubs for making into flarch, they fliall remain undifturbed fer 2 1 hours ; and that the officers may be able to afcertain when the faid green waters were put,into the tubs, every maker fliall give notice in writing to the officer, of the time he (inifhed fhifting fuch four wa- ters; on pain of 100 1. in either cafe. 26 G. 3. c. 5. /. 16. And when the flime fhall be taken off as aforefaid, and put into any tubs or other utenfils, the fame fhall remain in fuch tubs or utenfils for 24 hours. And if the maker Ihall diflurb the fame during the faid times of 48 hours and 24 hours refpeclively, he fliall forfeit 100 1. iq G. 3. c. 40. / 9. The maker fhall ufe regular, fquare, or oblong Boxin*. boxes only, for boxing and draining his green flarch, before it is dried in the flove, on pain of 10 1. 4 G. 2. f. 14. / I. ^ And he fhall, if within the bills, give 12 hours, elfe- where 24 hours notice in writing to the officer, of his intention to put any green flarch into fuch boxes : And he fhall, in fuch notice exprefs the particular frame or tub from which he intends to box any (larch ; and that, when he fliall begin to box, he fliall continue to proceed to box the fame, till the whole quantity in fuch frame or tub fhall be boxed : And if he fhall negled to give fuch notice, or fhall not proceed or continue after fuch notice given ; he fhall forfeit 200 1. 4 G. 2. f. 14./ i. 19 G. 3. c. 40./. II. And if the charge be made by gaging it before' it be dried in the ftove j then every box of green flarch, or ftarch ftove, 208 €%titt (Starch, &c.) flarch before it be dried, containing 57 inches In lengthy and 10 inches in breadth, and eight inches in depth, or in the whole 4560 folid inches, Ihall be efteemed 131 pounds avoirdupois, of flarch dried and perfedlly made. I G. Ji. I. c. 2. f. 6. And if the officer fhall mifs any quantity of ftarch, of which an account had been taken by gauge, whilft the fame was in the four waters or flimes, and before it hath been put into the boxes ; he may charge the maker ac- cording to fuch gauge taken. 19 G, 3 c. 40. f. 10. Drj'ing in the When the maker lliall have broken the ilarch from his boxes, he (hall deliver to the ofncer an account in writing of the true number of pieces broken from fuch box, dif- tinguifhing the fize of the different pieces, under the de- nominaiions of large, middling and Irnall ; and how many pieces of each denomination are contained in each break- ing from the boxes. And whenever he fhall put his ftarch, when fcraped, or when put into the papers, into the '{love for drying the fame, he fhall place the feveral pieces fo put into the flove in fuch manner, as that the officers may have accefs to and be able to count the fame. And he fhall provide ladders, and aifift the officer in taking an account of the faid feveral pieces in the ftove ; and he fliall not, for two hours after the officer hath en- tred the ftove, flir the fire under the flove, nor throw upon the pan of fuch flove any dirt, meal, or other in- gredient, whereby a fmoke may be raifcdj or the officer hindrcd in counting the pieces. And if he fhall offend iri any of the premlfles, he fhall forfeit 200 1. 19 G. 3. c. 40. /. 13, J4, 15. And when the maker intends to break down anv piece into fcrapings or otherwife, he fhall give to the officer 12 hours notice, if within the bills, elfewhere 24 hours, of the particular time and hour when he intends to break down fuch pieces : And if be fhall not begin at the time, or within two hours after, the notice fhall be void. And if he fhall begin, without giving fuch notice, he fhall forfeit jool. f. xd. And if he be defirous to remove fuch flarch from the flove ; he fhall give the like notice ; and if he fhall be- ein to remove anv ilarch from the flove after the fame is dried, without giving fuch notice, he fhall forfeit 2C0I. 26 G. 3. f. 51. f. 19. And if the officer thai! find in the ftove any piece or pieces drying, of which no account had been taken in the box, ^Xtiit^ [Starchy &c.) 209 box, the fame fhall be deemed ftarch whereof no account had been taken ; and the maker fhali forfeit f6r every of- fence, lool. / 17. And by 26 G-. 3. c. 51. All ftarch, before it be put To be prepai'ed into any itove or place to dry, (except for cruRing) fhall ^'^■' ^^amped. be put in papers, 'and the maker fhall, before he begins papering fuch ftarch for drying, give to the officer, 12 hours notice in v^riting if within the bill'?, elfewhere 24 hours, of the particular time and hour when he intends to begin, and IhuU in fuch notice, cxprcfs the number of pieces in:ended to be papered, and where intended to be dryed: and if he fliall not begin to paper fuch ftarch, at the time, or within one hour, fuch notice fhall be void. And every piece of ftarch when papered, fliall be tied vp with firings, pafted over with a piece of paper of a different colour, upon which the officer fhall put a ftamp or feal, in fuch manner as to prevcu opening fuch paper of ftarch without tearing the faid piece of ftamped paper: And every maker offending herein fhall forfeit lool. f. 1^1. And within one hour after fuch ftarch (hall have been Scrapings, papered and ftamped, all fcrapings belonging thereto fhall be weighed and put into v/atcr, and ftiall^ not be mixed with other articles, and when diftolved, fliall be ftrained through a fieve, and the officer fhall take an account thereof, as a green water; and the fame fhall not be again meddled with, until notice ftiall be given for boxing the fame as required by 4 G. 2- c, 14. and 19 G. 3. c. 40. And if any maker fliall negleif to put fuch fcrapings under water, and ftir the fame until difTolved, and ftiain the fame within one hour after having been w-eighed and taken ac- count of: Or fhall wilfully difturb, or caufe the fame to be taken away without notice, he fhall be deemed to have boxed ftarch without notice: Or if he fliall, in order to increafe the quantity of fcrapings bi^-fore the fame be weigh- ed, mix ftarch of the. fame or any other making, or any flour, meal, or other thing with fuch fcrapings, or wil- fully caufe any water or other liquid to be put to fuch fcrapings, or by any means caufe the fame to be increafed in weight, he fhall forfeit 200 1. yi 9, 10. And if any parcel of ftarch not papered and ftamped, in manner as aforefaid, or any fcrapings, or loofe ftarch fhall be found in any ftove or place for drying, the fame fhall be forfeited : and the maker in vvhofe poileuion the fame is found, fhall forfeit 2'ol. — But this lliall not extend to pieces of ftarch put into the ftove for crufting only, before the fame fhall be fcraped, / 3. Vol. II. Q And 2 10 CrCtfe* [Starch, he.) Msker to keep And the maker fhall keep juft fcales and weights at the fcaies and place vvhcrc he makcs h IS (laich, and permit and affifl: the officer to make ufc ihtreofj on pain of lol. lO An. c. 2b. f. i6. And by the lo G. 3. c 44. if he fhall ufe InfufHcient fcaies Of weights, he fhall forfeit lool : but not to be pro- fecuted both on this and the former a6l. "Removing b". No maker of ftarch fhall remxjve any flarch of which toiefuivc^ed, no account hath been taken by the officer, from the place where it was made ; without giving to the officer with- in the bills 24 hours notice, and elfewhere two days notice, 10 Jn. c. 26. f. 19. And by -iQ G. 3. c. 40. If he fliall remove any flarch after it is dried, out of the flove or drying place, before it has been weighed and taken account of by the officers j he fhall forfeit 200I. f. IQ. Removing up- And no flarch exceeding 281b. (ball be removed or car- wardsofzSlb. ricd by land or water, unlefs the word ftarch be legibly marked on the package, in letters three inches loflg, on forfeiture thereof, together with the chefls, cafks,'] or other package containing the fame ; and the boats or veiTels, horfes, carts, or other carriages made uie of in removing thereof 24 G. 3. c. 48- f^j}'- 2. f. 4. Dealers i-ecctv- And if any dealer in flarch, {hall receive more than ing above 2Sib. ^gjj^^ of ftarch not marked as aforefaid, he Hiall forfeit 200 1. id. f. 5. Loofe fta-ch And all ftarcii not being papered and flamped as before above 281b. anJ (jjrecled, and all loofe flarch exceeding 281b, and fcrapings befeJzed. of flarch, \vhich fliall be found in the pofTelfion of any maker of (or dealer in 27 G. 1. c. 31. /• 23.) ftarch, or any perfon for his ufe, or fhall be found removing by land or water; fhall be forfeited, and may be feizcd by any of- ficer of the faid duties; together with the package con- taining the fame, and the boat or vefTel, horfes, carts, or other carriages made ufe of in removing thereof, and fuch perfon (hall forfeit moreover tos for every pound. But not to extend to fiarch made into hair powder, or to any quantity taken out of the papers in the poffeffion of any hair powder maker, or blue maker ; or to any quan- tity not exceeding 281b in the poflefTion of any dealer in flarch ; nor to the returns from the fieves that may be in the p.-fi'cirion of any maker of hair powder. 26 G. 3. f, 51.7: .3. concealing or If any officer of the duties upon ftarch or of the cuf- ivi.aielyniak- toms, fliall have any caufe to iufped that fl:arch is pri- "* vately making in any place, or concealed; then upon oath made befote any commiiiioner or jufliccreliding near 4 fei- CjCfft. [Starchy &c ) 211 fetdng forth the ground of his fufpicion, fuch commif- fioner or juftice may ifTiie his warrant, to au;horize fuch officer by day or night (but if in tne night, in prefence of a conftabie) to enter fuch fufpedted place, aud feize and carry away the fame, with the materials, as forfeited, to- gether with the boxes and other things containing it : and unlcfs the party make it appear -that the duty has been paid, he fliall forfeit 50 I ; and if any perfon obftrucl the ofiicer, he fliall forfeit lool. 4-G. 2. c 14. _/! 4. 23 G. 2. r. 21. / 34. And by the 19 G. 3. c. 40. If the maker fliall conceal any (larch with intent to deceive his majefty of the duties, he fnall forfeit lOol. f. 20. And if any perfon fhall knowingly aiTifi: in making Aflifting in pri. /larch in any private or unentered place, or fliall be any ^^^^^^^''^^^g',^'^" ways concerned in carrying on fuch private making of llarch ; every perfon fo offending (hall forfeit 30 1. And Siiy officer of excifc may arreft and coin-ey him before a juftice, who on confeffion, or proof on oath of one wit- nefs, may convict fuch offender, who fnall immediately pav the faid penalty, and on his refufing or neglefling to pay the fame, he Ihall becom.mitted to the houfe of cor- redlion, for fix months, to be reckoned from ti)e day of conviclion, unlefs the penalty fhall be fooner paid. And on convidion for a fecond offence, he fliall forfeit 60 1, and on non-payment fbiall be committed in like manner for one year, unlefs the f^me be fooner paid. 24 G. 3. c. 48. fefT. 2. / 2. The ofiicer fliall be permitted to take an account of ^''^'"'■^''^'"'■ge »i ^•^- r n 1 1 ^u .. • 1 fur materials twQ (quantities or flour, meal, and other materials proper niimnH. to be made into (larch, that (hall be in the poffeffion of the maker ; and if he (hall mifs any fuch materials, which he had taken an account of the laft time he v/as there, and fnall not on reafonanle demand, receive fatisfaction what is become thereof, he may ch.arge the maker with fuch quantity of (larch, as fuch materials (o miffing in his judgment v/ould reafonably have made, not exceeding 25 pounds weight of (larch, for every bufhel of fuch ingre- dients mixed or unmixed. JO Jn. c. 26. /^ 17* And if any officer fliall mifs any (larch, or materials for making thereof, of which a gauge had been taken while in the green water or (limes, and before put into the boxes, and (hall not receive fatisfa£iion what is become of the fame, he (hall charge the maker according to the gauge fo taken, and fuch maker fliall pay the duty fo charged. 26 G. 3. c. 51. f. 17, O 2 The 212 CyctfC {Starch, he,) Starch unfur- The maker fhall keep all ftarch by him made and not ^'5'^^^'*^°''**'^?'^ furveyed, feparate from other ftarch which hath been furveyed, for 24 hours after making; within the bills, and for two days elfcwhere, unlefs it iriall be fooncr furveyed ^ on pain of 5 /. 10 Jn. c. i6>f. 10. Entry of tiarch The maker {hall weekly make entry in writing at the ^^^^' next ollice, of all the ftarch by him made within each week, fetiing forth the weight, and how much was made at each time; on pain of 50 1. Which entry fhail be on oath of the maker, or his chief workman, according to ;he beft of his knowledge and belief, before fuch officer as Ihall be appointed by the commiffioners within the billSj and elfewhere before the collector and fupervifor. 10 An. c, 2b. f. II. 19 G. 3. r. 40. / 3. £ut he fliall not be obliged to go further, either to make entry or payment, than to the next market town. 19 G. 3.^.40. 7:5. Payment of the The maker wiihio the bills, ftiall within four week?, duties. and elfewhere within fix weeks after entry, clear oft the duties; on pain of double duty: And no maker, after de- fault in payment, fhall (^ell or deliver out ar.y ftarch until he hath cleared oft the duty ; on pain of double value. 10 Jn. c. 26. f. 13. Carryingit Cocquets granted for ftiipping ftarch, to be landed in coaftwife. ^py other part of the kingdom, ftiall exprefs the quality, quantity, and weight, the mark of the package, and by whoBi made and fold, and where configned ; and if fliipped without fuch cocquet, it fhall be forfeited and feized, together with the package. 23 G. 1. c. 21. /■ 29- Importation and No ftarch fhall be /;,7/)or?/'6' other v/ife than in fome pack- cxportatior- age. Containing at leaft 224 pr'unds of neat ftarch, and ftowed openly in the hold; on pain of being feized and forfeited, together with the package, and the mafter of the vefiel to forfeit 50 1. 23 G. 2. c. 21. /. 27. But on information brought againft: fuch mafter, he may detain the vvagesof the mariners, till it be determin- ed ; and if it ftiall appear, that the ftarch was put on board by any mariner without the mafter's knowledge, the mafter may apply the wages of fuch mariner in payment of the forfeiture. 26 G. 2. <:. 32. / 8. And the otScers of excife (in like manner as the officers of the cuftoms) may gb on board any veffel, and fearch for and feize all ftarch forfeited, together with the pack- age; and they may likewife feize fuch as before entry and payment of duties, ftiall be found unfliipping or^unftiip- pcJ. 23 G. 2. c, 21. f. 2$. . Starch €Xti(t. [Starchy 6cc.) 213 Starch thst hath paid the duties maybe exported; and the • :ies ftidll be drawn back'. \Q An. c. 26. / 25, 26, 27. ; ^- 3- <^- '3- And every perfon who (hall intend to export any ftarch upon which all the duties have been paid, and fhall have given notice of packing up the fame as dire£led by 25 G. ?, c. 74. T he officer who (hall attend to fee the faid !rch packed up, (hall mark every paper of flarch, on a 1)16 or piece of paper to be affixed thereto, with the word 'loriation^ out the fame fhall not be permitted to be pack- to up or exported, unlefs it (hall have the piece of paper ftamped, as by this a6t dire6ted, intire and unbroken. And if any ftarch fo marked for exportation, fhall be found ■upon land, (except where packed up before fhipped, or, in removing from thence to he put on board), the fame fhall be forfeited, and, may be feized by any oincer of extife or cudoms. 26 G. 3. c. $1- /• 6, 7, 8. But no drawback fnall be allowed 0x1 the exportation of any foreign flarch imported. 23 G. 2. c. 21. f. 36. • And the officers of excife or cufloms may feize any flarch or hair powder, with the horfes and package, where they have good reafon to fuTpeft that it ha'.h been pri- vately made, or imported without payment of duty, or re- landed after drawback ; and fhall in ten days exhibit an information before three commiffioners of excife, or two juilices near where the feizure is made ; and if the party I doth not make it appear that the duty hath been paid, it I fhall be forfeited, together with the horfes and package «, ■and the ofxender fhall likevvife forfeit 5I for every hun- dred weight. 4 G. 2. c. 14. f. 3. And by the 23 G. 2. c. ii. it is enacled-, that the faid \ officers may feize any ftarch, with the package, that (hall I be found in any vefl%l, cart, or other carriage, where they j fliall have good reafon to believe that the fame was made in fome private vvorkhoufe, or clandeftinely imported, or relanded after drawback, and if the party at the hearing of the information, fliall not make it appear that the duty hath been paid or fecured,,he fhall forfeit 5I for every 100 pounds weight, and aifo the goods and package fhali be forfeited. J. 30. And if any foreign Pcarch fhall be unfhipped, with in- tention to le laid on land before entry and payment of the duties, or fhall be landed again after fliipping for exporta- tion on debenture; the fame, together with the package, veflels, boats, horfes, and other carriages, ufed in land- ing or conveying- the fame, fhall be foifeited, and may be ieized by any offtcers of the cuftoms or excife) and the O 3 pcrfous 214 CrClfe. [Starchy &c!) perfcns frcrm whom the fame fhall be feized, (hall forfeit 5I for every hundred weight. 23 G.2. c. 2l./*3r. And if any pcrfon fnall knowingly harbour or conceal any flarch unlawfully imported, or re-landed after fhipping for exportation upon debenture; he iliail, whether he claims any property therein or not, forfeit 50 1 for every hundred weight, together with the goods and package. 23 G. 2. C. 21. f. 32. And where any fuch fiarch fhall be feized as forfeited, and no perfon fhall claim the fame in 20 days, if it is with- in the limits of the chief office of excife in London^ the officer who made the feizure may caufe notice f.gned by the folicitor of excife,-to be afHxed at iht Royal Exchange, of the time of proceeding to trial and condemnation of the fame by the commiffioners of excife ; and if it is out of the faid limits, then pubiick notice ihall be given by proclamation, at the next market town, on the market day, next after the faid 20 days, of the day and place where the juftices will proceed to trial and condemnation thereof: And the judgment thereon fhall not be liable to appeal, nor be removed by certiorari. 23 G. 2- c. 2I-/33- MAldngof hair No perfumer, peruke maker, barber, or dealer in hair powder. powder, fliall make, ufe, or offer to fale, any powdei' made of or mixed with alabaflcr, talkc, plaifler of paris, whit- ing, lime, or other thing of the like nature (fwestfcents only excepted) ; on pain cf forfeiting the fame, and 50 1. 12 yin. Ji. 2. c. q. f. 20. And by the 4. G\ 2. c. 14. If any maker of hair psivder, or other fuch perfon, fhall mix any powder of alabafter, plaifter of paris, taike, chalk, whiting, lime, or any other material (rice firrt made into ftarch, and fwtet fcents only excepted) with any ftarch or powder of ftarch to be made ufe of for making of hair powder, and fhall make any hair powder with any the faid materials, or any other material except fiarch or powder of ftarch, or of rice firfl made in:o ftarch, and fhall ufe, fell, or offer to fell any hair powder fo mixed cr made; he fliali forfeit the fame, and 20 1. /• S' Places of male- Every maker of Lair pcicder fhall make entry ijj writing in- hail powder ^^ jj^g j^^^^ excife ofHce of his place of abode, and of hiS workhoufe or other place made ufe of for making hair powder ; on pain of 2C 1. 4 G. 2. c. 14. yi 6. Officer toenter And the officer, in the day time, on bis requeft, may t e Urns and enter places ufed for making hair powder^ and the fhops of '^^' perfumers, peruke makers, barbers, and other fellers or dealers in hair powder, and examine the fame, and carry away C;rClXe. {Starch, &c.) 215 Rway famples, paying a reafonable price for the fame. 4. G. 2. c. 14. f. 7. And if Tuch ftarch maker or dealer fliall not on requeft fufFer him to enter, and examine, and taice fampies (ou of- fering to pay the common price) ; he fhall forfeit 20 1. icLf.c). And if anv ftarch maker, or dernier in hair powder, P''""'""" l^avi'^g fliall have in his polleOion, for making, mixing, or coun- myt'rfaj;')'^"'''^ terfciting hair powder, anv alabafter, plaifter of paris, a.u.lieiuing tallce, chalk, v\'hi,ting, lime, or other material, beild^s ^"'^ P"^'^^'-' flarch, or powder of fliirch, or of rice firll made" into flarch J he fhail forfeit the fame, and 10 1, 4 G. 2. c. 14./ 8. Every perfon who fhail be a msiker Oi fioyte Hue for falc, Makwig af /hall make an entry in writing at the next excife ofiice, of "^"^ ' "" his name and place of abpde, together with the workOiop or place that Ihali be made ufe of in making or keeping fione blue, or materi^s for making thereof, on the penal- ty of 50I. 26 G. 3. c. 51. /. 21. And any oificer by day, may enter fuch worklliop or place, and examine every parcel of ftone blue, and take fampies thereof, paying for the fame : and if any perfon fliall refufe to permit him to eiiter fuch place, or hinder him in taking fuch fampies : Or fliall molefl or hinder any officer in the execiition of this act, he fhall forfeit 50 1. id. J. iz. 25, 26. And no maker fhall begin to make any (lone blue for fale, from any flour, m.eal, or other ingredients (other than for colouring the fame) except ftarch for which the duties have been paid, on pain of forfeiting thereof, (except fuch colouring) together with the boxes, tubs, &c. containing the fame, and alfo 10c 1. id. f. 23. hnd if any maker of ftonq blue or hJr powder tor fale, Nn ftarch to be fhall receive into his poffeflion any ftarch, in papers [^"^^"',^1^^^^ not ftamped, or any loofe ftarch or fcrapings, he ftiall makers but in forfeit 10 s a pound; and moreover the fame ftull ftami-ed papers. be forfeited, and may be feized by any officer. And if any maker fhall keep above 281b of ftarch or ba;r powder in any un-entered place, the fame ftiall be forfeited, and alfo 50 1, id. f. i&f. Ail the faid forfeitures fhall be fued for, levied and mi- Power of the tigated, as by the laws of e'xcife, or in the courts at JP^eft- J"'i>^"' m'inj}er\ and be diltributed half to the king, and half . (and on the 10 An. c. 26. half with full colts) to the profccutor. vc) An. c. 26./ 29. 24 G. 2. c. \o. f. 33. in -:;. 3 c. 40. ^ /". 22. 24 G'. 3. .-. 48. / i6. ^6 G. 3" . 51./ ,?&. i X And 2 1 6 € yC U' (Starch, 6cc. ) Pro-f to lie on A nd whcrc any ftcrch fhall be feized for non-payment the clai.-ner. of duties, Of non-entiv, and it fhall be difputed whe- ther fuch payment or entry were made or not j the p oof (hall lie on the claimer, and not on the oiBcer. 23 G. 1. C. 21. /. 34. Appeal. And if the partv is not fatisned with any judgment of the juftices, on the acl: of 23 G. 2. c. 21. aDove-mcn;ioned, he may appeal to the next quarter feffions (except in the cafe before mentioned, where no perfon ihall claim the goods feized). / 36. Mitigation.- And the mitigation on the faid acl of 23 G. 2. fhall not reduce the penalty to lefs than a fourth part, over and above the charges, f. 37. Utenfiis ikuL", And all ftarch, materials, and utenfJs, in cuPody of rhe maker, or of any perfon to his ufe, fhall be liable to all arrears of the duty, and penalties ; ar.d fuch proceedings may be had thereupon, as if the debtor or offender were the lawful owner. 10 /in. c. 26. J. 23. ■Xf'IlL Sweets. L'cf n'-e for Every maker of any kind or" fweets for fale, other miking I'weets. ^^l^ mead, fhall take out a licence, for which he fhall pay 5 1, and fnall renew the fame annually, ten days at leaft before the end of the year; on pain of 30 1. 24 G. 3. C. 41./:^ 2./ I, 7. Duty on fweet.. And by 27 G. 3. c. 13. Sched. (F) for every barrel of liquor which fhall be niade in Great Britain for fale, by infufion, fermentation, or othervvife; from fruit or fugar, or fruit or, fugar mixed with any other ingredients, com- monly called JvjtetSt or made wiriest fliall be paid by the maker, a duty of 18 s. 4d?. Retailer of And every retailer of Jwcets, or Britijh made wines, fweets to be jf^^H take out a licence from the flamp office faltho' he icenie . ^^^^ ^^^ ^ fpiijt or ale licence) for which he fhull pay a ■ ftamp duty of 2I. 4 s. which licence fhall exempt him from all penalties impofed by any former act: and in fuch licence fhall be inferred the words lo Jell fweets or Britijh made ivififs only. id. J. 5, 7. Cerfain words to And everv fuch licenfed retailer, (hall caufe the words fee put up. Dealer in Britijh JVir.e., to be written or painted in legible characSlcrs, and to be hung out on a fign, or put up in fome confpicuous place in the front of his boufe; on pain of icl. id. J. 7. Nf^tlcetc And every maker oi fweets for fale, fhall firfl give S'^ea. ..Lice to the excife officers, of his name, and place of abode, azid of the rooms and places he intends to ufe for making C^rClfe. fSit^eets,) 21 7 ifnaking or keeping of fv/eets, or made wines ; on pain of 20 1. 10 G. 1. c. 17. /. 4. And every oerlon who. fhall fell or ufe any materials ufed in the riiaking of wines, and in whofe cuftody two gallons Ihall be found, fhall be deemed a maker of fweets for falc. \o & II TV. c. 21, J. S' And if any maker of yzf^^/^ for fale, fliall conceal any Concealing fweets trom the view of the gauger, he ihall for every fwccis. barrel, foifcit 40s. 7 b' 8 IV. c. 30./ 16. If zuy Jiceets, having paid the duty, fliall be intendedi''"''m't for re. to be removed, the excife officer fhall on requefl give a ?"^'*' ^'^''"" 1 1 • 1 J r- 1 • , "^ity paid. ccrtihcatc under his hand, expreijing the quantity and quality, and from whom and to whom they are to be fent ; and if any maker fhall otherwife remove them, or vintner receive them, he fliall forfeit 10 s a gallon, and alfo thq liquor and cafics. 6 G. c. 11. J. 22. XIX, 'TohaccS andjnuff. Every perfon who fhall cut any walnut, hop, fycomore, Aduiteratmg or other leaves, or any other herbs, plants, or materials '"''*"" ""^f""^* (not being tobacco leaves or plants) ; or fliall colour or cure any fuch to make the fame refemble tobacco, or fhall fell the fame mixed or unmixed for tobacco, — .fhall forfeit 5 s a pound, half to the king (charges of the pro- fccution fu fl deducted), and half with full coils to him who ihall fuc. i G.Ji. 2. c. 46. /• i . And every perfon who fhall make, mix, or colour any fnuJfF, v^ith oaker, umber, or other colouring, except water tinged Vv'ith /Vwf/'/V?;/ red only; or fliall mix with fnuff any fultick or yellow eboiiy, touchwood, or other wood, or any dirt, fand, or fmall tobacco fifted from to- bacco,^— fhall forfeit the fame, and 3I for every pound weight, half to the king, and halt to him that ihall fue. I G /?. 2. c. 46. J. q. ^ G c. w. f. 22. And all fuch leaves and other materials, and all engines, utenfils, and tools for working the fame, may be fearched for and feized, by warrant of three commifTioners of the treafury or of the cuftoms. i G.Ji. 2. c. ^6. f. 3. But no houfe or warehoufe fhall be opened to fcarch for or feizethe fame, but at feafonable hours, and not without a ipecial warrant from two juflices of the peace, f. 4. And the faid materials or engines found and feized with- v in fix miles of any port, fliall be brought to the next cuf- tom houfe warehoufe ; and if at a greater diflance from any port, fliall be fecured by order of two juftices at the king's charge, till the caufe of fuch fcizure fhall be de- termined 21 8 (BXtilt' i7oiaccOy &c.) termined at the next, or at fartheft the fecond quarter le/Tions after ieiztsre ; and the fame, after condemnation or recovery by judgment of fuch feflions, (hall be openly burned or deftroyed by order of the fame, at his majeity's charge. /. 4. And any fervant emploved in manufacluring or felling fuch leaves or materials, fnall on conviction before two juftices, by oath of one witnefsj be committed to the com- mon gaol or houfe of correction, to be kept to hard labour not exceeding fix months. / 5, Duty on im- Bv 27 G. 3. c. 13. ScheiJ. (A) The following duties porEation. ^^^ payable on importation of tobacco, (viz.) If of the growth, producflion, or manufaclure of .S/'fl/n or Portugal, per pound 3 s. 6 d. If of the growth or produdion of Ireland, or hismajefty's colonies m Jmerica, or of the UnhedStateyof Jmerica^ per pound I s. 3 d. Importing to- If any tobacco flalks or flems flript from the leaf, bicco ilaiks. fhall be imported; the fame (hall be forfeited, and burned, and the officer feizing the fame ftiall be allowed i d a pound; and every perfon who i; all be alfifting or other- wife concerned in unfhipping the fame, or to whofe hands they fhall knowingly come after unfni.ping, (hall forfeit treble value, together with the veflels, bags, cafks, or other things wherein the fame are contained, and the horfes, cattle, carts, and other carriages made ule of in removing the fame; hajf to the king, and half to fuch officer of the cuftoms who {hall feize, inform, or fue for the fame. And the faid veil'els (not exceeding 15 tons), horfes and other cattle, and ca/riages, may be profccuted and determined before two juftices rending near where the feizure was made-. 12 G. c. 28. / i 3- 5 ^' 3- f- 43- / 4,6. 8G.f. 18./ 6, CrrMngto- % ^he 24 G. 2. c. 41. and the 26 G. 2. c i^ (in- bacco or fiiuff forced bv the -'3 G 3. c. 11.) No toDacco or (talks, ex- byiand,or ceed:ng24ib weigh', nor any fnufV exceeding lolb, fhall be conveyed by land ; unlcfs, if it is unmani'.j'aSiurcd to- bacco^ a certificate be firft had from the othcers at the port of importation, together with the importer''^ oath thereto, that the duties were paid or fecured at the importation, and when, ar.d in what vcfi^el it was imported ; and if the per- fon applying for the certificate, be purchajer from the im- porter, then on his oath, attefting the marks and numbers of the identical boglheads purchaled, or out of which the tobacco was taken and from .whom purchafed, and when ; and if he be a fecond purcbajcr, then on his oath in like manner, water. Cj,*Cif0- [Tobacco^ Sec.) 219 manner, provided thnt if it is an entire hogfhead, the name of the i'eller may be omitted in fuch certificate. And no tobatco unnwnufnclured fhall be conveyed by land or by water, without a certihcate from the colIecSlor or other chief officer of the cuHoms ; and in the original package in which . it was imported, preferving the fame maiks and numbers ; on penalty of forfeiture thereof, and the package containing the fame, and alfo the horfes and carriages cmplovcd, or any way made ufe of in the re- moving, carriage or conveying of the fame. 25 G. 3. .. 8i./:3i. KvA wo manufaFluredtchzzzQ or tobacco flalks or 'i\-:\\^ exceeding" 6 lb, fLall in any form or manner, be removed, carried, or conveyed, by land or by water, without a certifi- cate and oath of the importer being firft had, that fuch ftalks were iiripped, or fuch fnuff or other manufactured tobacco, made from one or more hogflieads for which the duties were paid; and if ihe perfon applying for fuch certificate be a pirchafer^ he {hall make oath that fuch ilalks were ftrippcd or fuch fnuff or other manufa£fured tobacco made frona one or moje hogfheads which had been delivered a-nd re- ceived, according to the diredlions of the faid a£l of 24 G- 1 and of this prefent a£l; upon forfeiture thereof, to- gether with the calks and package containing the fame. 25 G. 3. c.^\. f. 36. And before any fuch tohncco^ or fl elks ^ or fnvff\ fhall be removed by land or water, the proprietor or his agent lliaU inferton the back of the certificate, the package, with the marks and numbers fet thereon, and the weight of each fpecies of goods contained in each package, and the place from whence, and to which they are to be carried, and by whom, and to. whom configned ; and (lull fubfcribe his name, and make oath to the truth thereof; and the certificate fhall exprefs the number of days it fhall continue in force, and fhall accompany the goods; and upon its arrival, the owner of the goods fiiall deliver it to the chief officers of the'cuftoms ; and if there be none fuch, then to the officers of excife; who (li a 11 examine the fame with the goods, and if they agree, the goods may be taken away by the owner, and the officer Ihall thereupon et^ter fuch certificate in a book for that purpofe, and tranfmit an account thereof to the officer ap- pointed by the treafuryfor keeping fuch accounts. 24 G. 2.^. 41./ 10. 25 G. 3. r. 8f. / 37. And if the fame (hall be again removed, a like certificate (hall be granted, by the officer with whom the former cei- tificutc v/as eiiiered j and alfo, that it appeafs bv the entric? in 2?.o €;tt!fe. (Tchacco, he) in the books upon the former removal, that the fame had been car -ied by legal certificate. 25 (?. 3. c. Si. /. 38.' And if any tobacco, or flalks, or fnuff exceeding Gib, fliall be found removing bv land or water, without having one or ether of the certificates before directed ; the fame, to-^ether with the packages, horfes, and carriages fiiall be forfeited j and the carrier fhall befides be committed to the county gaol for one month by one juftice where the ofFence fhall be committed, or the offender (hall be found. 25 G. 3. c.Hi.f. 39. And no tobacco, manuf^^clured or unm-anufaciured, ftalks, or fnufl-', which have been removed from any port or place, fhail be again fent back to fuch port or place, without leave of the commiflioners of the cuftoms, for which a fpecial certificate fhall be granted to convey the fame ; on forfeiture thereof, together with the horfes, carriages, and boats made ufe of in removing the f^me. 2sG'3- c.Si. j:^2. - And any officer of the curtoms or excile may feize the fame, and profecute ; and the proof that the fame had been removed Vvith a pi^opcr certificate, and that the duties had ' been paid or fecured, (hall be on the claimcr, and not on the officer. And no tobacco or flalks or fnufF exceeding 6 1b, fhall be conveyed by land, or water, unlcfs the pack- age be marked on the outfide, with the refpeflive words, lohacco^ tobacco Jialks, ox Jjiu_ff\ in letters not lefs than three inches in length ; on pain of forfeiture of the fame, v/ith the package, and i s a pound to be paid by the owner. 25 G. 3. c 81. /. 40. ^ - » And no tobacco Ihall be conveyed to any fnufF mill, %-onsi;iaffmilh. wlthout 3 Certificate from the commiflioners of the cul- toms to accompany the farxie, nor fnufF from the mill to the houfe of the manufacturer without a like certificate; on forfeiture thereof, together with the horfes and carriages ; and the perfon to whom fuch tobacco or fnufF fhall be- long, fhall forfeit 20 s, for every pound thereof, unlefs he can prove fuch removal was v/ithout bis knowledge. id. /. 43. j'cr.a'iles bcw The faid penalties to be recovered in the courts at Jf ejl- to be rec.nered. jnlnfter.^ half to the king and half to him that fhai^ fue, (except in particular cafes where the penalties are difFe- rently divided, as fet forth in the feveral acts above- mentioned). row"iofth- But the feizurc of horfes and carriages, may be profe- juakts. " cuted, he?rd and determined, before twojuHices rcfiding 2 i-^^^ CjlXlfe. (Vi7iegar, &c.) 221 near where the feizure was made. 5 G, 3. c. 43. f. 6. 25 G\ 3. c.8r./. 56. XX. Vinegar and verjuice. ' Every maker of vinegar for fal?, fhal! takeout a licence, Vir.?~-rn::,fc«r for which he fiiall pay 10 1 ; and fnall renew the fame "^'^ ^'^ '^"''•'='*' annually ten days at jeaft before the end of the year ; on pain of 50!. 24 G. 3. c. 41./^: 2./ I, 7. L s. d. By 27 C 3. c. 13. For all vinegar im- Importation, ported Ihall be paid per ton a duty of - 32 18 10 And for every barrel of vinegar^ vinegar Home duty on beer^ or liquors preparing for vinegar, which vinegar. fliall be brewed or made in Great Britain, fhall be paid by the maker, a duty of - o 10 ' o^ And ?ih&T juguji ift 1786, every vinegar maker, fliall Entry to he make entry with the officer of excife, of the houfe or made of place* place where he intends to carry on the bufinefs ; and "^^ ^^'^[ makms whether he intends to make vinegar from malt or corn, or melafies or fugar ; or from any and what other ma- terials. 26 G. 3. c. 73. f. 56. And by 10 l?" i i IV. c. 21. No vinegar maker fliall receive into his cuftody, any liquors for making of vine- gar, nor deliver out any vinegar in calks, or bv the gallon, without notice firfl given to the officer, unlefs from Sep. 29 to Mar. 25, yearly, betv^een feven in the morning and five in the evening ; and from Mar. 25, to Sept. 29, be- tween five in the morning and feven in the evening j on pain of 50 1. / 12. And on receiving fuch liquors into his cuftody, he (hall (hew the fame to the gauger before he mix them with any other liquors, rape, or other materials; on pain of 20 1. And it any vinegar maker fnall, without giving notice at the next excife office, or to one of the commillioners, ufe any ftorehoufe, warehoufe, cellar, or other place, for raaking or keeping any vinegar beer, or liquor preparing for vinegar, he (hall forfeit 50 1. /?ho Ihail have fuch licence fhall, if he intends to continue, take out a frefh licence ten days at leaft hefpre the expiration of the former, and in the .fame manner renew the fame from year to year, paying 'down the refpedtive fum due for fuch licences, f. 5. And on application for any perfon not refiding within the bills of mortality, the commiflioners Ihall caufe the fame to be delivered on payment of the duty.' f. 6 And by 26 G. 3 c. 59. Every perfon, who fiiail have taken out a licence for retailing h^reign wine, and who' (hail not take out a liceticefor retailing fpirl(S or ale, {hall be deemed a dealer by wholcfalc \ but if he is licenfed for retailing either fpirits or sle, he iliail be deemed d^ retailer, /. ir. ^ And every fuch whole/ale dealer, fliall put the words Dealer in Foreign IFine \ over the door, or in the front of the houfe or place made ufe of by him for keeping fuch wine; on the penalty of 50 1. id. f. 14.. And if he fhall put up thote words, on any unentered place, he fhall forfeit lool, id. f. 15. And every retailer^ iiiall caufe the word wine to be hung out on a fign, or to be put up in fome vilible place in the front of his houfe, or other place made ufe of for the re- tailina; of wine, to denote tnac fuch retailer is a dealer in v/ir.e, and liable to take out a licence for the retailing thereof: And if any perfon (hall fell wine by retail with- out fuch token, he fliall forfeit 10 1. 32 G'. 2. c. ig. And every dealer in foreign wine, fliall make entry in writing at the next excife ofRce, of all warehoufes, vaults, or other places by him made ufe of for keeping foreign wine for fale j on pain of forfeiture thereof, and of the ca/ks, bottles, and package containing the fame ; and a!fo of 100 1. But not to extend to wine fold whiUl lying openly on the quay. 26 G. 3. c. 59./. 12. And when any fuch entry fhall have been made by any fuch dealer, no other dealer (not being partnerlhip with the the dealer who made fuch firft entry) fnall, on any pre- tence whatfoever, make entry of the fame, or of any other warehoufe or place within the fame houfe or tene- ment in which fuch firft entry (hall then be exifting ; but every perfon making fuch further entry, (hall be deemed a dealer in foreign wine without entry, and fhall be fub- je£l to the like penalties as dealers in foreign wine without entry. / 13. And any officer of excife may enter, upon his requefl, Officers may by day or night (but, if in the nisht, in the prefence of a ^merware- „ n. LI \ 1 1 /• ' f r 1 • L n'niies &c. and conltabiej any place made uic or for keeping wine, by j-^j^j. ^^,JJJ ,gj^ any dealer, either by wholefale or retail, and by taftihg or otherwife (except wine in bottles) take an account thereof, and alfo famples of the wine whether in cafks or bottle?, paying for the fame ; and any pfjrfon obftruiling the officer Ihall forfeit 100!. zVi./. 17, 18. And every dealer fhall mark upon every cafk or vefTel Ca{l ^''"' him ; and if any perfon (hall rub out or deface fuch mark j or (hall without notice given at the excife office, fet up any veflel or utenfil for keeping or containing of wine, or alter or enlarge .any vefTel, utenfsl or bin already fet up, capable of holding three gallons ; or (hall have the fame in any concealed or unentered place ; he (hall forfeit for every fuch bin, vefie!, or ut^nGl fo fet up or altered 50 1. id. f. 20, 21. And every v;holefaIe dealer, fhall before he begins to Notice to b? draw off or bottle any wine, give 6 hours notice in writ- given when wins •„ •/• . , . ^, , .<, 11-1 1 r I ■ • is intcndfd to 6c ing at within the bills, ellewhere 12 hours, of his m- ^^3^.^^^^ tention to draw off or bottle any wine, and the particu- lar warehoufe or place, and the quantity, and into how many cafks or bottles the fame is intended to be drawn, and what fort of wine, and from what particuhvr cafK. ; and fuch officer may attend if he think fit ; and the Tijne (hall be packed or piled in the prefence of fucK officer it he attend, or an account thereof gii'en to him upon hi^ next furvey. And no wine fhall be removed from the Vol. II. P pUce 226 eXCitt Q^Fine,) Exceptions^ Wine of diffe- rent forts to be kept feparate. Cyder and fpi- rits to be kept feparate from wine. Cyder, &c. place in which it has been fo depofited without giving like notice ; on the penalty of 50 1. But not to extend to a fmall number of bottles drawn ofF more or lefs than is contained in fuch notice, id. f. 22. Provided, that if the dealer fhali not begin and pro- ceed to draw ofF or bottle fuch wine within one hour of the time mentioned in the notice, the fame fhall be void. id. But nothing herein contained fhall extend to make it unlawful fc>r any wholefale dealer to draw off or bottle any wine at his will and pleafure, for the purpofe of im- mediately fending out the fame j without giving notice. id. And all foreign wine of different forts fhall be kept fe- parate, on the penalty of 50 1. id./. 23. And all retail dealers who fhaJl have in their cuflody, any cyder, or fpirics, fhall keep the fame feparate and apart from foreign wine ; on pain of forfeiting 10 s, for every gallon of cyder or fpirits, together with fuch wine, cyder, and fpirits, and the cafks, bottles, and package containing the fame j which may be feized by any officer. id./. 24. And all cyder, fweets, Britijh made wine, mead, fpi- lound amoDgft rlts, and Other liquors whatfoever, found in any entred '*'"^' place for the keeping or felling of foreign wine, by any wholefale dealer, fliall be deemed and taken to be foreign wine within the meaning of this a(f^, of the fame fort as the wine with which it fhall be kept ; or if kept feparate from any wine, then the fame fhall be deemed and taken as French red wine. id. f. 29. *ro dealer jn But no dealer in or feller of foreign wine, fhall have \n foreign \v;ne to his pofTeflion znv Britijh mzdc luirie, ox fweets., on pain of liave Iweets in c c • ^- y r iir 11 ■ 7 r his pcCeflion. »0"eitin^'- tne fame, andalfoios, a gallon, li.j.i^. Anaccountto ■^"*^ ^^"^ the better afcertaining the quantity of wine be kept of wine fold by dealers ; every perfon who fhall fell any foreign wine, fliall keep an account of the quantity fold, fent out, or confumed each day under 3 gallons, expreffing the number of gallons or bottles, and iftall every day en- ter in a book to be kept for that purpofe, an account of the grofs quantity fold the preceding dav ; and alfo in another book fhall enter each parcel of three gallons or more which fhall be fold or fent out in each day, expreffing the number of gallons or bottles : which books are to be pre- pared by t-he commiflioners, and delivered unto the dealer upon demand ; but no dealer fliall have above one book of each fort in his cuflody, at one time ; and when filled Aip, ■Saily (old. €;rcife. {Whie.) ~ 227 Itp, fiwU be returned to the ofacer from which it was re- ceived, and the truth of the entries fhali be vorihed on oath by fuch dealer or his fervant who kept the fame, and made the entries therein, to be adminiilered by the ofHcer ; and a new book Ciall be thereupon delivered to the dealer, and fo totiei quotles as often as fuch book fhall be filled up : and fuch books {hall lie open to be perufed by the ofFicer j and the dealer fhall at r'le requeff of the ofnceri fiil up fuch tooks refpedively, with the quantity by him fold in each day. And every dealer or feller -ofFcndin^r in any of the matters aforefaid, or making any falfe entry in any fuch books, fhall forfeit 20 1. id. f, 26. . And if any officer fhall find that the quantity of foreign Excefs in (lock •wine in the flock of any wholefaie dealer, added to the '^^''^ ^°''^'^''^^''' quantity for which permits have been granted, and alfo to the quantity fold, fen t out, or confumed inimall quantities under three gallons fince the Ipfl account was taken, ex- ceeds the flock left in hand on taking the account, after adding the quantity fince received bv permit (if any) ; fuch quantity fo found inexcefs, fhall be fori-itec, and may be feized by the officer ; and the perlonin wnofeftock the fame is found, (hall alfo forfeit double the value thereof--3ut not to extend to an excfcfs of ftock cccafioncd by receiving wine from any lawful quay, and in the original cafks in which the fame was imported, id. j\ 27, 28. And no foreign wine exceeding three gallons fliall be Not to be re- removed without a permit as dircdTed by this aift, on for- moved without feiture thereof, and the fame may be feized by any fuch officer, f. 3^. And if any wine fhall not be delivered v/ithin the time it' not delivered limited in the permit (except in cafe of feme unavoidable within the time accident) the fame (hall be deemed and taken as wme re- moved v/ithout permit. Provided always, that the fame fhall be refiored without delay, if the perfon who hath the charge thereof at the time of the fe'zure, enter into recogni- zance with one furety, before a neighbouring juftice, in double 'the value of the goods, to prove within one month next enfuing, to the fatisfaro.ii'hc Ami no wine /hall be brought into any place made ufe inw wjrchouies of bv any dcalcr in foreign wine, without an authenticic ^''•'""'i"^""'"- permit granted and given according to the direaions of this a£t^ which fliall be produced to, and left with the of- ficer under whofc furvey fuch dealer ihall then be, on for- feiture therco% together with the cafks, bottles, and package containing the fame, which maybe felzed by any officer. /. 32. Private pel for s And every private perfon f not being a dealer either by removing \v:ne vvholefale or retail), who fhall remove any foreign wine mit.^^^ J F- - ^j.^1^ ^^^ \^U<:e to another, fnall take out a permit from the oiTicers of excife, on forfeiture thereof, with the cafks, bottles, and package containing the fame, and alio the horfes, carriages, or boats, ufed in the removal thereofj and tiie fame may be feized. f. 33. But if not re- And whcre any permit fhall have been granted to any moved fuch per- jjgajer in wine, or private perfon as aforefaid, and he ihall mit to be re- on 1 n r 1 1 • 1 /■ 1 turned. ^^^ actually and reaJiy fend away the wine by fuch permit authorized, nor return the permit to the officer who granted the fame, before the expiration of the time limited therein, he fhall for every gallon of wine mentioned in fuch permit, forfeit treble the value thereof, to be ellima- ted according to the highcft price of fuch wine in Lmdon, wiierethece- And where fuch permit, fhall not be by the dealer re- creafe in iiock is turned as aforefaid, and upon taking an account of the at'e\''Jthe^pe^r-' ^o^k remaining in his hands, there fhall not appear a mi?. decreafe to anfwerthe wine meniioned in the permit, then, and in fuch cafe, fuch dealer (hall forfeit the like quantity of wine lb permitted and not removed, to be feized by the officer, out of any wine in his cuftody of the denomination given in the permit ; but if he fhall not then have fuch quantity of the fame denomination in his cuflody, he fhall forfeit ico/. f. 37. Ufi .gf,:!feper- And if any perf-n fhall counterfeit or forge any permit, mits, ortoi;;- or frauJulcntly alter or eraie any permit ; or knowingly or ingi^cognizan. Willingly give or receive any falfe or untrue permit, or CCS, &C. kl/'U'l r r , r ■ < pubiiift or make ule of the fame, or receive the fame with any Wine; Or fhall fraudulently alter, or crafe fuch cer- tificate or indorfement, or knowingly or willingly publifh or make ufcof the fame; he fhall forfeit 500 1. / 39, 40. Hidingorcon- And in cafe any foreign wine fhall be fraudulently de- ceMing foreign pofited, hid, Or concealcd, v/ith intent to defraud his' ma- jef!:y of the duties, the fan:e Tnail be forfeited, together with the caflcs, bottles, and package containing the fame. And the better to enable the oHkers to rtiake difcovery thereof, If any officer fhali have caufs tw fufpecl, that anf €|T!'f^. {yVine,) 229 wJne is io fraudulently depofited, hid, or concealed, if within London or IVcJininf^er^ or the limits of the chief office of excife, upon oath made by fuch officer before two commiflioners of cxcife, elfevvhere before a jufticr, fetting forth the grounds of his fufpicion ; fuch commiffioners or juftice refpeclivelyj before whom fucii oath fhall be made, may by warrant im power fuch officer by day or night, (but if in the night in the prefence of a conftabic), to enter fuch fufpe^^vfi- TTiinjlcr, and diflributed half to the king, and half to him that fhall fue. /. 55, [N. B. There is ihe fame indemnity for officers in put- tintr thisavit (26 (?. 3. c. 59 J in execution, as by the 23 (t. 3. c. 70. v/hich IS fct forth at large under the tiiltf C;i:afc in gsn-rrJ.] P^lj; Provided 230 Not K> extf "'• ii. :lie cwo uiii- vctlltifi. Ncr [« th: yintncr* com- pany. CFjCCifC (JV'inc.) Kor ta the iTi Ivor. i'C. of St. Albans. Setting tha prices of winss, Adahcratinff Provided th.it nothing herein (hall be prejudicial to the privile'jes of the two univerfities. 3c G. 2. c. 19./ 9. 26 <^^- 3 <:. 59./. II. Nor to thL- cornpai;}' of vintners in London^ or to any other city or tovn corporate ; bat ihey may enjoy fuch privileges as they have heretofor'^ lavvFuHy enjoyed. Pro- vided, that no perlbn w^io fcall hv ^Jmiti^d ro the free- dom of the faid company of vintners bv redemption only, fhall be exempted from taking furh H.ence; but only the freemen of ihe faid company v/ho have been already ad- mitted to their freedom, or -vfho fnall after the faiJ 5ih day of 7.7// 1757 be admitted to their freedom in right of patrimony or apprent^cefii p, (hall be entitled 10 fuch ex- emption. 306*. 2. pofed on ^y/rf ^importation, jmportedj as particularly (et forth in tables annexed to the aa. And by the fame acl the following duties are laid upon Home duty on 1 ■ /o 71 • • / • \ wire. Wire made in i^reat Britain^ [viz.) For every ounce trov of gilt vAre^ to be paid by the maker, gd|. For ev-ry ounce troy oifilver wire 7 d. And every wire-drawer or other perfon who fliall draw Wire drawers any gi't or filver wire, commonly called big wire, fhalP'^ ''^ '"^^"'^^*^' take out a licence for which he (hall pay 2 1. and (hall re- new the fame annually, ten days at leaft before the end of the year, on pain of 20 1. 24 G. 3. c. 41. fejf. 2. f. I, 7. And every perf>n who fhall draw any gold or filver into Places of mak- fuch wire as aforeiaid called bin: wire, fliall firft give '"S.*^" ''^'^"' notice in writing at the next office for the faid duties, ot bis name and place of abode, and where he intends to work ; on pain of 20 1 : and no refiner, wire-drawer, or other perfon, fliall draw zny gold or filver into fuch big ■wire, at anyplace other than fome common bar houfe to be .approved by the commiffioners, on pain of 20 1. 10 An. c. 2b.f.4r9- . . . ■ And all gilt and filver wire, and bars for making it, which {hail be found in any private wdrk houfe, and all private utenfils for barring or drawing it, of which notice hath not been given, ihall be forfeited and feized, .,:. /;-.-^, cr ought to Imve tnadehh entry or entries ef ihi fa'id beer and ale fo by him there brewed as aforefaidy or of any part thereof y or at any time fincc ; but the fame yet remain ii'hoUy due and unpaid, contrary to the form of the fiatute in fiich cafe made and provided; whereby thejaid A. O. hath forfeited double the value of the faid rates., duties, and funis of money remaining unpaid as aforefaid ; that is to r(jy^ « ^ of like money ; atid thereupon the faid A. I. who oswdlforhisfaidmajejly, as for hinfelf eichibiteih this in- forniutia:, prays the judg7nent o^ us the faid jujhces in the pnmijjcs, and that he tnay have one moiety of the faid forfeit- ure, according to the form of the Jiatute in fuch cafe made ; end that th? faid h.O. may be fummoned to anfwer the pre- 7)iijfes before us the faid jujiices. Summons on the foregoing information. To Mr. A. O. alehoufekeeper. Weftmorhnd. JJ/'E J. P. and K. P. efquires, two of his majefiy's jujiices of the peace for faid county of do hereby give you notice that A. I. gen- ileman, hath exhibited before us an information againji yoit for the funi of being double the value of certain duties of ex- cife of beer and ale by you brewed, the finale duties whereof ' \as he alledgeth) yon ought long f nee to have paid, but have negle£fedfo to do : Tou are therefore hereby required to appear before us at the houfe of at the fign of the in in the Jaid county, on the • day of now next enfuing, at ti}e hour of in the forenoon of the faid day, then and there to anfwer to the faid iiformaticn. And if yju jhall neg- /e^fo to do, wc Jhall proceed as if you were perfonally prefent. And vjc do further authorize and require Mr. A. E. off.cer sf excijc, cr any other officer of excife, to ferve this our fummons, and to atterid us at the time and place laft mentioned., then and tliere-^io make a return thereof to us the faid juf ices. Giver; under cur hands andfeals at • ■ in the faid county, the day of' ^ in the year of the reign of his J aid ma- ■yejiy king George the third. information againil a maltfter for concealincr a quantity of malt. Wefrmorland. 73 E it remcmbred, that this day of ■^ in the • — year of the reign cfhis incfejly king George the third, at in the faid (CUTUyt 235 CBunty^ A. I. gentkm'mjy In his proper per/on, as well for hk /aid mujefly as for hunjclf., exhibiteth to us J. P. and K. P. ef quires, two of his fa: i mnj(fiy^s jtflices of the peace for the faid comity^ refihig near to the place tuhere the offence herein after fneniioved was committed^ as is alledgcd, a complaint or information^ and thereby infer ineth us^ that A. O. of — in the faid county.^ during three months now laji paft and longer^ 'ha-oing been and coniintced to be^ and yet being a jnalt- jier and muKcr of malt^ and not having compounded for the duties of the niolt hirein after mentioned, he the faid A. O. ■within three months notv laft pajl^ af in the faid county did frauchdcvtly hide ^ conceal^ and convey away malt by him made, that is to fay, 1 2 bujkels of malt by him fo made as aforefaid, from the Jight nvd view of one A, E. being at the faid time of the (aid hiding and concealing thereof ajid long he- fore, and ever jince, the gagey appointed to take an account of the fame, and then and there endeavouring to take fuch account', which hiding, coytcealing, and conveying away as aforefaid, are contrary tn the form of the ftatutc in Juch cafe made and pro- vided : IVherehy he the faid A. O. for every hujhel of the faid maltfo hid and concealed, hath fo felted \o s of lawful money of Great Britain, amountirrg in the whole to hi of like money. And thereupon the faid A. I. who as well for his faid mojefy as for himjclf exhibiteth this information^ prays the judgment of us the faid jujlices in the premiffes, and that he mav have one moiety of the jaid forfeiture, according to the form of the fatute in fuch cafe made; and that the faid A. 0. may be fuminonsd to anfwer the fid premiffes^ before us the fai4 jujiiccs. Summons on the foregoing information. Weftmorland. i To Mr. A. O. maltfter. JJ/'E J- E. ond K. P. efquires, two of his majefif s juf tices of the peace for the county aforefaid, do hereby give you notice, that A. I, genilcfnan, hath exhibited before us an information again ji you for the penalty of b I by you forfeited for hiding, concealing, and conveying away 1 2 bujljels of malt, from the fight and view of the gager appointed to take ayi ac- count of the fame, againft the form of the fiatute in fuch cafe made: You are therefore hereby required to appear before us, at the houfe of — at the fign of in in thejiiul county, on the day of now next en- fuing, at the hour of in the forenoon of the fatne day, •:flhen and there to anfjc(r to the faid infartnation. And if you, ' ■ - nezleS* 33 fi exdk ii-^ ne^Uclfi to //.', we Pioll proceed as if you luere perfonally pre- fmt. And XL' e do further authorize and require Mr. A. E. efficfrofexcij\ or any other officer of excife^ to Jerve this our fuvwiynSy and to attend us at the time and place lafi mentioned^ then and there to 7nake a return thereof to us thf fa id jujiices. Given under our hands and f cab at /;/ the faid county.^ this day of in the year of the reign of his faid :naJ£j}y king George the third. Summons to give evidence. WeflmorlanJ. \ To A. W. of yeoman. JT/'H E R E A S we whofe hands andfeals are hereunto /"'/, being two of his majejty's juflices of the peace in and for the faid county-, have 7-eccived information, that A. O. of —— in the faid county akhoufekccpcr., did on the day of — — nnv lajl pojU brezv and fell ale and beer, and hath not made entry thereof according to the fiatute in that behalf made ; and that you the fmd A. W. are a material tuitncfs to be examin- ed concerning the fame: Thefe arc therefore to require you to ap- pear before us at the houfe of at the fign of the — ; — in in the [aid county, on the •= day of- ■- noxu next enfuing, at the hour of in the forenoon of the fame day, to tefify your knoivledge concerning the premijjes. Herein Jail you not. Given under our hands andfeals at in the faid county, the day of in the year of the reign of his faid majejly king George the third. Minutes of the judgment againfi the defendant. /Q"^ the time and place appointed by our fummons on the in- formation within luritten ; that is to fay, this • day oj in the year of the reign of our fovereign lord king George the third, at ■ in the county of with- in mentioned ; the within named defettdant A. O. appearcth, and plcadcth that he is Not Guilty of the offence within mention- ed; but upon a due and full hearing cf tije proofs made in and concerning ihepremifes., we do convict himthcreof; [Or^fifficient proof being made before us, that the within named drfendant A. O. hath had due notice of the within written information, and that he zva; duly fummcned to appear before us here this day ; and he in contempt of the fid fummons, 7:cgleSiing vsiv to appear and making default therein ; and the fact O'td offence in the within written information being noiv fully proved before us, we di convi£l him thereof:] It is therefore now here con- fidered €xtik. 237 fi'Iered and adjudged hy us the fauljujilcu-, that the /aid defend dant hath f 01 felted the within mentioned fiim of <^o\ {which we mitigate and lejfen to the fum of 'j\) to be dijlributed as the law di'efls. Given under our hands andfeals^ at — ■ — afore- faidy this day of in the year efthe r^ign of our Jaid fovereign lord king George the third. Warrant of diftrefs. f To A. E. and B. E. officers of exci/o, I and to cither of them, and to liich Weftmorland. K other perfon and perfons as they cr I either of them Ihall take to his or their *- alliftance. TT/'E whofe hands and feah are hereunto fct, two of his ma'ieftfs ju/ilces of the peace for the f aid county ^d in the year of our Lord • . Return of the want of diilrefs. Weftmorland. r^. E. one of the oncers of his majeflys duties of excife, do hereby certify to J. P. and K. P. efquires^ two of his faid majejly s jujiices of the peate for the faid county ^ that b^ virtue of a warrard from'the faid jujiices to levy the fum df %ol, upon the brewing vejfels and utetfils for brewing ufed b.y A. O. in his ufual place of breiuing, and upon his good:; and chattels, I have made diligent Jearch for fuch vejfels, utenfds, goods, and chattels -, and that I can find none fuch \ and that I do not knoxu, nor can find, that the faid A. O. hath any goods or chattels whatfocver. Wiinefs my hand her etmtofet, at in the faid county ^ this ' day of—— in the year of our Lord . Warrant of commitment. pTo A. E. and B. E. oiRcers of excife, j and to either of them, and to fuch per- W ft ] ^ J ^"" ^^ perfons as they or either of them I fliall take to their affiftance : And to the gaoler or keeper of fuch prifon to (. whom ihefe prefents fhall come. TTJ^HEREA£ we whofc hands and fcals are hereunto ft, tvjo of his majefiys jujiices of the peace for the faid county of • by our warrant under our hands qnd Jeals, bearing date the day of r.ow in/iar.i, did re- quire and corr.mand you thejcid A. E. and B^E. cr either of you, to levy the fwn of 20 I therein fncniioned 07i the brewing vejfels and utenfils for brewing, ifcd by A. O. of inthe faid county, innkeeper, and tipon the goods and chattels of the faid K. O. And whereas you the faid A. E. end B. E. by a return and certificate under your hands, bearing date the day of — ^ now infant, have cert fed to us, that having made diligent fearch for fuch brciviiig veffcls and utenfils for brewings 2 and 239 &ndfor fuch^oods and chattels^ you cannot jmd -any whereon to levy the f aid 20 / or any part thereof^ and that ngjuchvejfeh, utenfils-, goods or chattels can be found : We therefore the j aid jujiices do in his majeflys name hereby authorize., require and command you., every .^ or any of you^ to take and arrefi the body of him the faid A. O. and forthwith to carry him to the gaol or trifon of and for the county or place where you /hall fo take and arrejl him \ and hinu together xvith' a duplicate of this our ivarrant, thereto deliver i?ito the cufiody of the gaoler or keeper of the faid gaol or prfn of and for the faid cotmty or place, there to remain -iti fafe cufitdy until he fmll fatisfy and pay the faidfum of 20 I of lazvfiil' money (j/^ Great Britain, by us miti- gated and lejfenedfrom the fum of ^O I of like money ^ by us the faid jufi ices adjudged a r^ainji him., upon an information exhibited againji him before us by A. I. gentle man ., as well on the behalf of his faid majeflyy as of himfelf for a certain offence commit- ted hy4he faid A. O. againji the laws and fatutes vf excife, xvherecf he Jiands conviiied before us the faid jt/Jiices. And all conjiable's^ and other his majejiy's officers., are hereby authorized and required, to be aiding and ajjtjiing to you in the due execu- tion hereof And the gaoler and gaolers., keeper and keepers of fuch prifon' or gaol to zvhich you /hall fo carry the body of the faid A. O. is and are hereby authorized and r e quired j to receive into his or their cuflody the body of the faid A. O. and the fame to keep in fafe cujiody until he /})all fatisfy and pay the faid fwn of 10 I before mentioned. And for your., any., or either of your doing as is before refpe^ively directed, this /hall be to you, any^ or either of you refpe£iively, a fufficient warrant and authority. Given under our hands andfeals at in the faid county .^ this ■ day of -^ '— in the '■ — — year of the reign- of his faid majejiy, and in the year of our Lord . More precedents it is not neceflary to add, fmce the officers of excife are generally well furnifhed with printed forms drawn by good advice. Note; Thefe ftatutes abovementioned, relating to this title are but tentporary, and have their cortfinliarice as follows. 8 G. c. 1 8. Spirituous 4iqtiors. By the 21 C 3. f. 29. to Sept. 29, 1788, and from thence to the end of the then next feffion of parliament. 5 G. 2. c. 24. Coft'ee. By the 21 G. 3. c. 29. to yune 24, 1788, anQ from thence to the end of the then next feffion of parliament. 15 G. 2. c. 25. Rum. By the 19 G. 3. c. 22. to Sep, 29, 17.85, b'f. 19 Cr. 240 CiTCCUtlOtt- 19 G.2. c. 34. Outlawed fmugglcrs. By the 18 G. 3. f. 45. to Sep. 29, 1785, ^<:. i,'¥T7'HERE a perfon attainted hath been at large VV after his attainder, and afterwards is brought into court and demanded why execution {hould not be awarded againft him ; if he deny that he is the fame per- ibn, it fliall immediately be tried by a jury returned for thatpurpofe. 2 Haw. B. 2, f. 51. / 3. ^ vid. Ratdlff's cafiy Fc'flcr \0y 41. 2. The court may command execution to be done, without any writ. id. f. j[. 3. In fixed and flated judgments, the law makes no dlftindlion between a peer and a commoner, or between a common and ordinary cafe, and one attended with extra- ordinary circumftances ; for which reafon it was adjudged in Feltons cafe, who murdered the duke of Buckingham^ that. the court could not order liis hand 10 be cut olT, nor make it part of the fentence that his body ihould be hanged in chains, but that the body after execution being at the king's difpofal, might be hanged in chains, or other- wife ordered as the king fhould think fit. 2 Havj. 443. V. Leaches Haivk. v- 2. p. 657. 4. But the king may pardon part of the judgment ; as where the judgment is hanging, beheading, imbowelling, and the like, the king may pardon all but the beheading, whereby the judgment is not altered, but part of it re- mitted. 2 H. H. 41. V. id. 5. It is clear, that if a man condemned to be hanged, come to life after he be hanged, he ought to be hanged again} for the judgment was not executed till he was dead. 2 Haiv. B, 2. c. ^i. f. y. Exigent. See J?^OCcf0. €rtoitfo». 241 €xtmtion, IT is faid, that extortion, in a large fenfe, figniiies any oppreflion under colour of right ; but that, inaftridt (enfe, it fignifies the taking of money by any officer, by colour of his office, either wh'ere none at all is due, or not fo much is due, or where it is not yet due. i Haw. 170. And by the llatute of the "^ Ed. i.e. ib. (which is only in affirmance of the commoii law) No Jherijff] nor. other the king^s officer^ J})all take any reiuard to do his ojffice^ but Jhall be paid of that which they take of the king ; and he that fo doth, JJjall yield twice as much, and /hall be puniJJjed at the king's pUafure. No /heriff" nor ether the king's officer] 'Under thefe words, the law beginning with they/jifr/^-, are unuerfleod efchea- tors, coroners, bailiffs, gaolers, and other inferior offi- cers of the king, vvhofe ofHces w^ere inllituted before the making of this ait, which do any way concern the admi- niftration or execution of juftice, or the common good of the fubjeil, or for the king's fervice. 2 /«//. 209. Alfo the juftices of the peace, vvhofe office was infti- tuted after this ail, are bound by their oath oi office, to take nothing for their office of juftice of the peace to be done, but of the king, and fees accufiomcd, and cofts limited by ftatute. And generally, no publick officer fhall take any other fees or rewards, for doing any thing relating to his office, than fome flatute in force gives him, or elfe as hath been anciently and accuftomably taken ; and if he do otherwife, he is guilty of extortion. Dalt. r. 41. Shall take any reward"] Therefore by this ftatute, they can at this day take no more for doing their office, than hath been fmce allowed to them by authority of parlia- ment. 2 In/i. 210. And all prefcriptions which have been contrary to this ftatute, and to the common law in affirmance of which it is made, have been always holden to be void, i Haiv, 170. And it has been refolved, that a promlfe to pay them money for the doing of a thing, which the law will not fufFer thena to take any thing for, is merely void, i Haw. 171. Vol. II, Q, Tq 242 e:i*to?ticn. To do his c^cc] It is not faid, that he fhall take no re- ward generally, but no reward to do his office ; Thus the fee of 20 d cr.llcd bar fee, time out of mind taken by the fherifF of every prifoner that is acquitted, is not againft this ftatute ; for it is net taken for doing his office. 2 I>i/?. 210. But there feems to be no neceffity for this diftin£lion, for it cannot be intended to be the meaning of the flatute to reftrain the courts of juftice, in whofe integrity the law always repofts the higheft confidence, from allowing reafonable fees for the labour and attendance of their of- ficers ; for the chief danger of oppreffion is from officers being left at their liberty to fct their own rates on their labour, and make their own demands ; but there cannot be fo much fear of thefe abufes, while they are reftrained to known and flated fees, fettled by the difcretion of the courts, which will not fuffer them to be exceeded, with- out a proper refentment. I Haw. I'll. But in the ecclefiaftical court, a perfon was libelled againft for fees, and upon motion a prohibition was grant- ed, for that it was holden that no court had a power to eftablifh fees: the judge of a court may think them rea- fonable, but that is not binding ; h\xx.\i on z quantum me- ruit a jury think them reafonable, then they become cftablifhed fees, i oalk. 333. The fees in feffions, for traverfing, trying, or difcharg- jng indidlments, difcharging recognizances, and the like, do vary according to the different cuftoms in different places. Dah. c. 41. Shall yield tivice as tnuch'] At the common law this of- fence is feverely punifhable at the king's fuit, by fine and imprifonment, and alfo by a removal from the office in the execution whereof it was committed. And this fla- tute doth add a greater penalty than the common law did give; for hereby the plaintiff fhall recover his double da- mages. 2 In/l. 210. I Hatv. 171. And by the 31 El. c. 5. Actions for extortion maybe laid in any county. Jt the king's pbafure] That is, by the king's juftices, before whom the caufe depends. 2 Infi. 210. Indictment for extortion in a gaoler. ^H E jurors for our lord the kitig^ upon their oath pre- fent, that A. O. late of in the faid county, yeomatiy 243 yesmajj, on the • day of — — — /?/ the — — — year of the reign of — — tvas taken upon fifpicion of having com- mitted a certain felony y by con/iable of in the Jaid county^ by virtue of a warrant direoled to the f aid — — — . under the hand andfeal of Sir William Dalfton, knight, then and ^et one of the juf ices ofoiirfovereign lord the king, affgned to keep the peace in the faid county, and was, on the fanie day in the year aforefaid, committed by him the faid Sir William Daliion, to A. G. keeper ofthegaolofonrfaidfovereign lord the king at in the [aid county, under the cujhdy of him the jaid A. G. to be fafely kept, upon fufpicion of the felony afore^ faid, and the faid A. O. was detained in that prifon under the cuflody of the faid A. G. from the time that he xvas comjnitted to the faid prifon for one month from thence next en- fuing, upon Jifpicion of the faid felony ; neverthelefs the faid. A. G. in no wije regarding the flatute in that cafe made, and the penalty therein contained, did on the day of — ^/ aforefaid, in the faid county, demattd and receive •— pounds of lawful money of Great Britain of and from the faid A. O.for eafe and favour in the faid gaol for the faid time, in contempt of cur faid fovereign lord the king, and againft the form of the flatute aforefaid, and again/1 the peace of our Jaid fovereign lord the king, his croiun and dignity, Indidment for extortion of a bailiff. ^T^HE jurors for our lord the king upon their oath prefent, that A. B. late of in the faid county, yeoman, being bailiff' of the hundred of in the faid county, on the — __ day of ■ in the year of the reign of , (It ' in the faid county^ by pretext and colour of his faid ofice, did unjufily and by extortion take and extort 5 s cf 07ie A. I. of in the faid county, yeofnan, one of the freeholders qualified to ferve upon juries in the faid county, to excufe the faid A. I. from attending or appearing at the afft%es that were then next to be holdcn in and for the faid county, when in fact the faid A. I. vjas not returned by the fneriff of the faid county in any panel of jurors, and alfo when indeed no fuch fwi of money zuas due to the faid A. B. for his fee for excufing the attendance or appearance of the faid A. 1. at the affvz.es aforefaid, to the evil example of other offenders, to the great damage of him the faid A. I. andagainjl the peace of our jaid lord the king^ his crown and dignity. Qjt Falfe 24 f \ N Falic tokens. See CI) Cat ifafl: sapg. BY the 2 y 3 ^i. 6. c. 19. f^or the encouragement of ' the fifheries, and the increafe of cattle ; and the c El. c. 5. intitled, an adl touching political conftitutions for the maintenance of the navy ; and by the 35 EL c. 7. it is enacted as follows : No perfon fhall eat any manner of flefh on any Friday or Saturday, or the embring days, or in Lenty nor on any other day commonly reputed a flfli day ; on pain of for- feiting 20 s, or being imprifoned one month. And every perfon in vvhofe houfe any ilefh fhall be eaten on fifh days, and not difclofing the fame to a public of- ficer having authority to punifli the fame; fhali forfeit 13 s 4d. Which faid forfeitures (hall be, one third to the king, one third to the informer, and one third to the commtjn ufe of the parifn where the offence (liall be committed ; to be levied by the churchwardens after conviction. Profecution to be at the aflizes or feffions, in three months after the offence committed. But nothing herein fhall extend to any perfon having the king's licence ; or being in great age, and weaknefs thereby, or fick, or notably hurt ; or a woman with child, or lying in child-bed, for eating of fuch one kind of fleih as flie fhall have great lull unto ; or inprifon ; nor to the king's lieutenant, deputy, or captain in his armies, but the fame may eat, or licenfe his Ibldiers to eat flefh for lack of other vidlual 3 nor to perfons licenfed by the archbifhop of Canterbury. And fuch licences fhall be on condition, that the perfon licenfed fhall within fix days after Candle7nas, pay to the poor box where he dwells, if he be a lord 26 s 8 d, a knight 13 s 4d, and all others 6 s 8 d. But fick perfons may be licenfed by the bifhop of the diocefe, or by the parfon, vicar, or curate of the parifh, or (if there be none, or he be wilful) of the next parifh j and if the ficknefs continues above eight days, the li- cence fliall be regiftred in the church book, with the knovr'ledgc of a churchwarden ; and the curate fhall have \ d fatt mvs. 24.S 4 d for entry j and the fame to endure no longer than fuch iicknefs. And no licence fliall extend to the eating any beef at any time of the year, nor veal horn Sept. 29, to May i, in any year. And perfons licenfed (except for ficknefs) fhall for every difli of Rcfh at their table, have one difh of fea fifh. Fees. Sec Citation. Felo dc fe. See |5anilCi5e. Jfelonp, i©ifpj?6ou of Jfelcnp anD %t}efibote. i. Felony, F' ^ELONTls fuppofed by fome to con^e from the Saxonyl'//, which fignifieth fierce or cruel ; of which the verb y^V/ fignifieth'fo throw down or demolifh ; and the fubftantive of that name is ufed to fignify a mountain rough and uncultivated. But the fame word, with a little variation, runneth through moft of the European languages, and fignifieth more generally an offence at large } and the Saxon word yi£/A7« fignifieth to offend, and fcelinijje an offence or failure; and altho' y^^/y, as it is now become a technical term, fignifieth in a more reftrain- ed fenfe an offence of an high nature, yet it is not limited to capital oftenccs only, but ftill retaineth fomewhat of this larger acceptation; for petit larceny is felony, altho' it is not capital. According to Sir Henry Spelman's obfervation, it figni- fies fuch an offence, for which, during the feudal inftitu- tion, a man fliould lofe or forfeit his eftate ; which he de- rives of two noithern words, fee., which fignifies the fief, feud, beneficiary eflatc, and /^«, which fignifies price or value. It would fwell this title near to the bignefs of half the book, to fet down every thing which may be comprehend- ed under this word felony : therefore it is neceffary to refer the confideration of the feveral particular kinds of felonies t4> their refpeilive titles j as for inflance, Hcinic'ide, Rob- 0.3 ^^^>'' 246 jFelcnp, Sec. bery. Burglary, Rape, Coin, Forgery, and many others; and efpecuUv the law relating to ftolen goodb of all kinds bclc'Mgs to tillc Lnrcn-.y. The method of bringing a felon to juirice from the firlt commilfion of the felony, to his condemnation and exe- cution, is treated of under the feveral titles of Hue and cry, Ji-'t^}, Examination, Bail, Commitment, Gaol, Arraign- merit. Appeal, IndiSlmetit, Confsfficn, Jurors, Evidence, Cler- Syy 7^■'4,'W, &c. for want of profecution, fhall be immediately {ct at large in opt-n court, t^'ithotit pa>ir!g any fee to the fheriff or gaolf r ; and fuch fet=-s as iiad been ufually paid in refpeci: of fuch difchaige, ror exceeding 138 ^d for each prifoner. Ilia II, on ceitincate of" a jn-h^e or juftice before whom fuch priioner Ihali have been aifchargea, be paid out of the ge- neral county rat&. //. M'tfprffion of Felony, Mifprifion of felony (from the French word mejprh, a nec^lecc or contempt, 3 /w,/?. 36.) is the concealing of a felony which a man knows, but never confented to ; for if he confented, he is either a ^ytincipnl or acceffarv in the felony, and confequently guilt) of mifprifion of felony and more. I H. H. 374. For it is faid, that every felony includes mifprifion of felony, and may be proceeded againft as a mifprifion only, if the king pkafes. 1 Haw. 125. The punifnment of mifprifion of fe!ony in a common perfon, is fine and imprifonment ; in an officer, as fherifF or bailiff of liberties, impiifcnment for a year, and ranfom at the king's pleafure, by the fratute of ^ Ed. i. c. 9. If any perfon will fave himfelf from the crime of mif- prifion, he mull dilcover the offence to a magiftrate with all ff eedttiat he can. 3///? 14.O. Mifprifion, in a larger fenfe, is ufed to fignify every confiderable mifdemeanor, which hath not a certain name given to it in the law. ///. "Fhsfthote, Theftbote (from the Saxon words theft ^ and bote^ boot or amends) is, where one not only knows of a felony but takes his goods again, or other amends not to profecute. I Ha^v. 125. But the bare taking of one's own goods again, which have been fiolen, is no offence, unlefs fome favotir be fhewn to ihe thief, i Haw. 125. This offence is very nearly allied to felony, and is faid to have been anciently puniihed as fuch ; but at this day it is punifnable only with ranfom and imprifonment, unlefs it were accompanied with fome degree of maintenance given to the felon, which makes the party an acceflary after the h€t. I Haw. 125. Infor- irtjionp/ Sec. 249 Information againfl: a perfon for felony. Weftmorland. CT^H E infor?nJtion and fomplaint of A, L of • i?z the covnty of yeo" man., made on oath before me J. P. efquirey one of his majejly's jujiices of the peace foy the f aid county, the — — day of — in the year • that yfjlerday in the ni?ht or early in the morning of this day, divers goods of him the faid A. I. toivit, m have felonioifty been Jlolen, taKen, and carried away from the houfe of him the jaid A. i at • aforefaid in the county aforefaid^ and that he hath ji'Ji carfe to fiffcSi, and doth Jufpe^r, that A. O. late of yeoman, felonioufly didfleal, take, and carry awcy the jame [Or otherwife as the cafe fhall be :] And thereupon he the faid A. I. prayeth that jujiice may be done in the premiffes. Before me A. I. J. P. V/arranc for felony. Weftmorland. \ To the conftable of. PORJS MUCH as A. 1. of in the county of yeo7;!nn.f hath this day made information an^ com- plajnt upon oath, before me ' •> one of his majefiy'' s julUces of the peace for the faid county, that this prefcnt day divers goods of him the J did A. I. to vjit, have felonioufly been jiolen, taken, and carried away from the houfe of him the ■faid A. I. at aforefaid, in the county aforefaid, and that he hath jujl caife to fufpeSl , and doth fifpc£i that A. O. late of -— yeoman, felonioify did Jleal, take and carry away the fame [fjx otherwife as the cafe Ihail be :] Thefe are therefore to command you forthwith to apprehend him the faid A. i^^avd to bring him before me to anjwer unto the faid information and cofnplaini, and to be further dealt withal ac- tording to law. Herein fail you not. Given under my. hand andfcal the ^ day of in the year . The form of a fearch warrant for ftolen goods is infert- ed under the title Search Warrant. The forms of indidlments for ftolen goods for various Jcinds, are inferred under the title Jlatc^np. Feme covert. See C^lfC. Fern ; 2 50 jfelonp, &c. Fern : Burning of it in fore (Is. See 'Bunilliryc Fire. See OdurniltlJ. Firewoiksa I. "fT Aiall not be lawful for any perfon (of what age, nuf-»""« J[_ fex, degree, or quality foever) to make or caiife to be made, or to fell or expofe to falc, any fquibs, rockets, ferpents, or other fireworks, or any cafes, moulds or other implements for making the fame ; or to permit the fame to be caft or fired from his houfe or other place thereto belonging, into any publick ftreet or road ; or to throw or fire, or be aiding in throwing or firing the fame, in any publick ftreet, houfe, ftiop, river, or highway ; and every fuch ofi-'ence fliall be adjudged a common nufance, g Cff 10 ^F. c. •]' f i^ Makinz or fell- 2. And if any perfon fiiall make or caufe to be made, ij:2 rockets. or give, fell, or oft'cr to fale, any fquibs, rockets, fer- pents, or other fireworks, or any cafes, moulds, or other implements for making the fame ; he fhall on conviction before one juftice, or chief magiftrate, by confeffion, or oath of two witnefles, forfeit 5 1, half to the poor, and half to the profecutorj to be levied by diftrefs, by war- rant of fuch juftice or chief magiftrate. 9 U 10 jy. c. n. J. 2. c ff- .ip^^ock- 3" And if any perfon fhall permit any the fame to be ti% t3 be°iired. calt or fired, from his houfe or other place thereto belong- ing, into any publick ftreet or road, or any other houfe or place J he fhall forfeit 20 s in like manner. 90" 10//^,' c. 7.7:2. Fulne rockets. 4' And if any perfon fhall caft or fire, or be aiding in calling or firing any the fame, into any publick ftreet, houfe, ihop, river or highway ; he fhall forfeit 20 s in like manner; and if he fliall not immediately on convic- tion pay to the juftice the faid forfeiture for the ufes afore- faid, he fhall commit him ro the houfe of correiSlion to be kept to hard labour for any time not exceeding one month, unlefs he fiiall fooncr pay the forfeiture. 9 iif loJV.c. 7- / 3- E. 13 G. 3. Scott an infant by his next friend, againfl: 5/;£/)Wi an infant by guardian. An action was brought, of trefpafs and afiault, againft the defendant for throw- ing* ■ ifiretoojiis. ing, carting, and toffing a lighted fquib, at and againd the plaintift', and flriking him therewith on the face, and fo burning one of his eyes, that lie loft the fight of it. On Not Guilty pleaded, the caufe came on to be tried before Air. juftice Nares at the affizes at Bridgeivater ; when the jury found a verdiil for the plaintiff, with lool damages, fubjeft to the opinion of the court on the follow- ing cafe. Oil the evening of the fair day at Milkorne Foriy the defendant tt)rew a lighted fquib from the ftreet into the market houfe, which is a covered building, fupportcd by arches, and incloled at one end, but open at the other and at both fides, where a !arge concourfe of people was aflembled ; which lighted fquib, fo thrown by the defend- ant, fell upon the (landing of one l^/fj-, who fold ginger- bread and other like goods : That one fi'ilL's inftantly, and to prevent injury tohimfelf and the faid wares of the faid Thtesy took up the faid lighted fquib from off the faid Handing, and then threw it acrofs the faid market houfe; when it fell upon another ftanding there of one Rya//, wha fold the fame Ibrt of wares ; who inftandy, and to fave his . own goods from being injured, took up the faid lighted fquib from off the faid llanding, and then threw it to ano- ther part of the faid market houfe, and, info throwing it, ftruck the plaintiffthen in the faid market houfe in the face therewith, and the combuftible matter then burflino: put out one of the plaintiff's eyes, '^i'he quellion was. Whe- ther this acTiion is maintainable. The cafe was argued two feveral terms, and the court being divided in their judg- ments delivered their opinionsy^ri6\^/w.-i— A^r^j juftice was of opinion, that trefpafs would well lie in this cafe : That the natural and probable confequence of the acl done by the defendant was injury to fomebody, and therefore the a£l was illegal at common law ; and the throwing of fquibs has by the Ilatute been fince made a nufance ; being there- fore unlawful, the defendant was liable to anfwer for the confequcnces, be the injury mediate or immediate : That the defendant was the perfon who gave the mif- chievous faculty to the fquib, and that milchievous fa- culty remained in it till the explofion : That no new pow- er of doing mifchief was communicated to it hy J'FilHs OT Ryall. It is like the cafe of a mad ox turned loofe in a crowd : The perfon who turns him loofe is anfwerable in trefpafs for whatever mifchief he rnay do. The inter- iTiediate a£ts of Willis and Ryall will not purge the ori- ginal wrong in the defendant ; but he who does the firft wrong is anfwsrable for all the confequential damages. — Blac/cjl^ne 2£;i 252 5Firetoo?fes. BlackjloKe juftice was of opinion, that an action of trefpafs did not lie for Scott againft Shepherd. He took the fettled diftintSlion to be, th;it where the injury is immediate, an a*Stion of trefpals will lie ; but where it is only confe- quential, it inuft be an action on the cafe. Here the i)ri2;inal act vvas as againft Tates as a trefpafs; not as againft Ryoll or Scott. The wrongful act was compleat, when the fquib lay at reft upon Tate's ftall. He, or any by-ftandcr, had, I allow, a right to pfotedt themfelves by removing the fquib, but fhould have taken care to do it in fuch a manner as not to indamage others. But Shepherd^ I think, is not anfwerable in an action of tref- pafs and affault for the mifchief done by the fquib in the new motion impreffed upon it, and the new direction given to it, by either IVillis or Ryall : who both were free agents, and acted uj)on their own judgment. As I there- fore think that no immediate injury pafled from the de- fendant to the plaintiff, and without fuch immediate in- jury, no adtion of trefpafs can be maintained, I am of opinion, that in this adtion judgment ought to be for the defendant. Gould ydiiiCQ was of opinion that this adtion was well maintainable. I think the defendant may be confidered in the fame viev/, as if he himfelf bad perfon- aliy thrown ine. fquib in the plaintiff's face. The terror • jmpreffed upon /I z7//j and Ryall cxc'xtedi felf defence, and deprived them of the power of recoUedtion. What they , did was therefore the inevitable confequence of the de- fendant's unlawful adt. Had the fquib been thrown into a coach fiii! of company, the perfon throwing it out again would not have been anfwerable for the confequences. What ll^iHis and ^ja/Zdid, was by necellitv, and the de- fendant impofed that neceffity upon them. — -De Grey chief juftice: The true queftion is. Whether the injury re- ceived by the plaintiff arifes from the force of the original , adt of the defendant, or from a new force by a third per- fon. And I am of opinion, that the injury is the direct and immediate adt of the defendant. The throwing of the fquib was an adt unlawful, and tending to affright the by-ftanders. So far, mifchief was originally intended ; not any particular mifchief, but mifchief indifcriminate and wanton. Whatever m.ifchief therefore follows, he is author of it. I look upon all that was done fubfequent to the original throwing as a continuation of the firft force and firft adt, which will continue till the fquib was fpent by burlting. And I think, that any innocent per- ibn, removing the dange.'-'from himldf to another, is juf- tlfiable \ iftretoojlis. 253 tifiable; the blame lights upon the firft thrower. The new direilion, and new force, flow out of the firft force, and are not a new trefpafs. And the plaiiitifl' had judgment. Black. Rep. 892. Fifli and Finiing. See bailie. Filh Saked. Sec &tiit. Jfi0iene0. IF any perfon {hall damnify or deftroy, without confent Kerrins fiflierj-. of the fociety of the free Britijh fifhery, any of the nets, fails, cordage, ftores, or other materials belonging to the faid fociety; hefhall, on convi£lion on the oath of two witnefTes before one juflice, forfeit to the fociety treble value, by diftrefs; and for want offufficient diftrefs, be committed to the houfe of corre6tion to hard labour for any time not exceeding three months, or till fatisfavSlion be made. Profecution to be in fix kalendar months. 28 G. 2. c. 14./ 9. By 26 G. 3. c. 81. after ift June JjSj, an annual bounty is granted for 7 years, to owners of (hips of 15 tons and upwards employed in the IVbite Herring fifherv, under certain regulations particularly fet forth in the a6t; and fo far as the fame fall under the jurifdiilion of juftices of the peace, it is thought necelTary to infijrt them as follows ; After ift Qsioher 1786, on all barrels and cafics in which Cafks to be any fifh (except frefh fifti) (hall be packed, either for ex- marked. portation or home confumption, the name of the curer of fuch fifh Ihall be marked and burnt with iron, in fair, large, legible, confpicuous, and permanent charadlers : and the flaves of every barrel in which any white herrings, or wet white fifli fliall be packed or put up for exportation, fhall not be of a lefs thicknefs at the bulge than half an ThJcknefs of inch, and fhall be full bound ; and in default thereof the ihe ftavosi fame may be feized and fecured, by any officer of excife or cufloms ; and on proof of the fa«51:, on oath, before one juftice, the fame, together with the cafks, fhall be for- feited. / 17, 18. And every perfon who for 7 fucceflive years, hath fol- Fiflicimen may lowed the occupation of a fcaman or fiftierman en board ^'^^ "P tra'i". any 254 iF!0)eries. any fhip or vefTcl employed in the fiflieries of Great Bri- tain^ (being a married man), may fet up and exercife fuch trade as he is apt and able for, in any town or place in Great Biildin^ vvichout mole(ktion by reafon of ufing fuch trade, as freely, and with the fame provifions and regula- tions, as any mariner or foldier by 22 G, 1. c. 44. are au- thorized to do. /. 19. Crtnn renal- And whereas hj I G,c 18. C5f 9 G. 2. f 33. No fort ties impofed by of flat fifh, nor frefh fifli whatfoever (except turbots and I o. c. 18. & lobfters) could be leg-illy imported, or fold in England^ Sify'be recover, which wcre taken by, bought of, or received from, any cJ by two juf- foreigner, or out of any ilrange bottom (except proteftant **"»• ftrangers) inhabiting this kingdom, on forfeiture of looi by the perfon offending ; and the mafter of the vefill ia which any fuch fifh (hould be illegally imported, v/as alfo ]iable to forfeit 50 1, to be recovered in the courts at IVeJlminJier. And v/hereas the great expence and delay at- tending fuch profecutions, difcouraged perions from fuing for fuch penalties : It is therefore ena6^ed, that upon com- plaint made on oath, before two juftices, by any officer, that he hath caufe to believe, that any fifh hath been im- ported or expofed to fale, contrary to the aforefaid acts, fuch juflices may fummon the perfon accufed, either per- ibnally, or by leaving a fummons at his ufual place of abode v/hilfl he fhall be on fliore, or not being on fhore, with fome perfon in the veficl to which he belongs ; or by v/arrant roav caufe fuch perfon to be brought before them, at fuch time and place as they fAall think fit. f 43. All penalties And all pecuniary penalties by the faid adl of 9 G. 2. iaipofed by 9 G. ^. 23. impoied, may be recovered before two juftices, on berecovered'V- ^"^ P^®'^^^"^ ^°"^''-*^'°" °^ the ofFcnce, by confeffion, or two juftices. oath of one witnels ; and the whole of fuch penalty fhall go to the informer J and if fuch penalty, (hall not upon conviciion, with the coils thereof, be immediately paid, the fame Ihail be levied by diflrefs ; and for v/ant of fuf?.- cient diflrefs, the ofFender fhall be fent to the common gaol for one year, unlefs the penalty fhall be fooner paid. / 46.^ Offenders may And to the end that the perfon convicted in any of the be detair.ed for penalties laft aforefaid, may not by flight after con- 48 Hours. cl- j • -r •/-,.,>• ^ •■ 1 viction evade impriionment, fuch juitices, immediately af- ter conviciion, may order fuch offender into cufrody (ia cafe the penalty be not immediately paid) during fuch time, not exceeding 48 hours, as they fhdll think proper Where the ^'-^ allow for the return of the warrant of difliefs. /. 47. goods are not Provided, that if it fhall appear to the fatisfadiion of aSerthrdlf. fuch juflices, either by confeilion, or other witnefs, that trcfs. - fuch jfirocnes. 255 fuch party hath not goods fufficlent to anfwer the penalty, luchjuftices may without ifTuing any warrant of diftrefs, commit the party To convidcd, as if fuch warrant had actually i/Tued, iand a return of nulla bona been made thereon, f. 48. Provided alfo, that if any fuch offender ordered to be Security may be committed, (hall before his commitment, procure fecurity ^'^'^" ^"'' i^^y- , .', r rr ■ r • r ri '"'^"t of the to be given b/ two lufncient lureties, tor payment of thepcnait-. penalty and charges, within 14. days, exclufive of the day of conviftion, the juftices may accept fuch fecurity; and on non-payment within the time limited, any two juftices may commit the party convided, and alfo his fureties to the common gaol, for the fame time as the perfon con- vided would have been liable to if no fecurity had been given, unlefs the penalty and charges are fooner paid. Any perfon thinking himfelf aggrieved may, within 3 Appeal. months, appeal to the fefiions, giving fix days notice to the . informer, and with two fureties enter into recognizance before one juftice, to appearand profecute fuch appeal, and abide the order of, and pay the cofts awarded at fuch k(~ fions (if any), and if fuch judgment be affirmed, the party appealing fhall pay double cotts to be afcertained by the court. / 50. And in cafe the perfon appealing, fhall have paid the penalty into the hands of the juftices by way of depofit, or i ihall be then imprifoned, fuch perfon may appeal, on his entring (without fureties) into recognizance as aforefaid, ! and remaining in prifon in the mean time ; or depofiting ; fuch penalty v/ith the juftices until the appeal ftiall be de- I termined. / 51. I And no conviiflion or judgment fhall befetafide by the Conviaions not 1 feflions for want of form, or through the mif-ftating of to be fet afide I any fail, circumftance, or other matter, provided the ma- i°[ want of I terial facts on which fuch conviction is grounded, be I proved to the fatisfa(3:ion of the court : And no proceed- I ing of the faid court Ihall be removed by certiorari into any : other court, f. 52. ; Witneftes not appearing having been duly fummoned, witneflcs, j may be apprehended by warrant of fuch juftices, and 1 brought before them, and if any witnefs fhall refufe to be j fworn, and give his evidence, or wilfully forfwear himfelf, I or prevaricate in his evidence, fuch juftices may commit I him to the common gaol for one year, without bail. !/• 44- j And the examination of every witnefs fhall be taken Written evld- down in writing, and in cafe the party accufed cannot be ence. made 256 fimrits. made to appear at the time of fnch examination; or any witnefs cannot be made to attend when fuch ofrender (hall appear ; in that cafe luch examination in writing may be read and made ufe of, and (hall have the fame effe6l a§ if fuch witnefs had been examined v:va voce. f. 45. N. B. Tbeprovifions of this acSl are extended by 27 G> 3. c. 10. Flight. See jfO?f£itUie. 5Fo?ci&le eiitrp an& Detainer. FORCE, in the common law, is moft commonly taken in ill pait, for unlawful violence. 1 Ivji. 161. It feems that at the common law, a man difTcifed of any lands or tenements, if he could not prevail by fair means,, might lawfully regain the poflciTion thereof by force, unlefs he were put to a nectiTity of bringing his ac- tion, by having neglected to re-enter in due time: And it feems certain, that even at this day, he who is wrong- fully dilpoffclTed of his goods^ may jurrify the retaking of them by force from the wrong doer, if he refufe to re- deliver them ; for the violence which happens through the refiftance of the wrongful pofTeffor, being originally ow- ing to his own fauh, gives him no juft caufe of complaint, inafmuch as he might have prevented it by doing as he ought, I Hau). 14;). But this indulgence of the common law, in fuftering perfons to regain the lands they were unlav;fully deprived of, having been found by experience to be very prejudi- cial to the public peace, by giving an opportunity to powerful men under the pretence of feigned titles, forci- bly to ejedt their weaker neighbours, and alfoby force to retain their wrongful pouelTions, it was thought ne- ceffary by many feverelaws to reftrain all perfons from the ufe of fuch violent methods of doing themfelves juftice. 1 Haw. 141. However even at this da)', in an c£iion of forcible entry grounded on thofe laws, if the defendant make himfelf-a title which is found for him, he fliall be difmifled with- out any inquiry concerning the force; for howfoever he may be punifhable ct the k'mg'sfuit, for doing what is 2 prohibited 3ro?cioie rmrp ano oeiamer. 257 prohibited by ftatute, as a contemner of the laws, and difturber of the peace, yet he {hall not be liable to pay any damages fer it to the plaintiff,* whofe inju-ffice gave him the provocation in that manner to right himfelf. i Haw. 141. Yet flill forcible entry and detainer are offences at the common law; and the proiecutor, if he pleafes may proceed in that way : but then the indictment ought to ex- prefs not only the common technical words %vith force and arms^ but alfo fuch circumftances as thereby it may ap- pear upon the face of the indiElion at law, IV. How -punifhable at the general Jejfions, V. How 'puyiiflmhle by one jufiice. VI. How prnifbable on a certiorari. VII. How punifhable as a riot. I. What is a forcible entry. By the 5 i?. 2. c. 8. None fall make any entry into any lands or ieneinents (orbenefce of holy church, 15 R. 2. c. 2. or Other pofi-jfons, 8 H. 6. c. 9. f. 2.) but where entry is given by the law ; and in fuch cafe not with firong hand., nor with multitude of people., but only in peaceable and eafy 7nanner j on pain of imprifojzment and ranjam at the king's will.^ Or other pcff}Jfions'\ It fecms clear, that no one can come within the danger of thefe fcatutes, by a violence offered to another in rcfpedl of a ivay, or fuch like eafe- mcnt, which is no pofTeilion. And there leems to be no Vol. II. R good 25S 5f02ci&le cntrp mh Detainer. good authority, that an indiclment will lie on this cafe for a common, or q^ce. I Hmu. 146. Not iv'tth /Irong hand, nor ivith inuliitude of people'] It feems certain, that if one who pretends a title to lands, barelv go over them, either with or without a great num- ber oV attendants, armed or unarmed, in his way to the church or market, or for fuch like purpofe, without doing ?.ny acV, which either exprelsiy or impliedly amounts to a claim of fuch lands, he cannot be faid to make an entry thereinto, i Hmv. 144. But it feemeth, that if a perfon enter into another man's houfe or ground, either with apparent violence offered to the perfon of any other, or furnifhed with weapons, or company, which may offer fear, tho' it be but to cut, or take away another man's corn, grafs, or other goods, or to fell or crop wood, or do any other like trefpafs, and tho' he do not put the party out of his poireflion, yet it feemeth to be a forcible entry. I Dali. c. lib. But if the entry were peaceable, and after fuch entry made, thev cut or take away any other man's corn, grafs, wood, or other goods, w^ithout apparent violence or force ; tho' fuch afts are counted a dilTeifin with force, yet they are not punifiiable as forcible entries. Dalt. c. 126. But If he enter peaceably, and there ihall by force or violence cut or take away any corn, grafs, or wood, or fnall forcibly or wrongfully carry away any other goods there being -, this feemeth to be a forcible entry puniihable by thefe {latutes. Dali. c. 126. So a!fo (hall thofe be guilty of a forcible entry, who having an eftate in land, by a defeafible title, continue with force in the poileiiion thereof, after a claim made by one Vr-ho had aright of entry thereto, l Haiv. 145. But he who barely agrees to a forcible entry made to his ufc, without his knowledge or privity, fhall not bead- judged to make an entry within thefe ftatutcs, becaufe he no way concurred in, or promoted the force, i Haw. 145. And, in generr.1, it feemeth clear, that to denominate the entry forcible, it ought to be accompanied with feme circumftances of aclual violenie^ or terror; and therefore that an entry which hath no other force than fuch as is im- plied by the law, in every trefpafs whatfoever, is not with- in thefe flatutes. i Haw. 145. As foitiUt tt\tti> am retainer. 259 As to the matter of violence j it feems to be agreed, that an entry may be forcible, not only in refpedt of a violence actually done to the perfon of a man, as by beating him if he refufe to rciinquifh his polTcfllon, but alfo in refpe<5l of any other kind of violence in the man- ner of the entry, as by breaking open the doors of a houfe, whether any perfon be in it or not, efpecially if it be a dwelling houfe, and perhaps alfo by an a£l of outrage after the entry, as by carrying away the party's goods \ but it feems that an entry is not forcible, by the bare drawing up a latch, or pulling back the bolt of a door, there being no appearance therein of being done hy Jlrong hand^ or multitude of people j and it hath been holden, that an entry into a houfe thro' a window, or by opening a door with a key is not forcible, i Haw. 145. In refpe6l of the circumftances of terror -^ it is to be obferved, that wherever a man, either by his behaviour or fpeech, at the time of his entry, gives thofe who are in pofleffion juft caufe to fear, that he will do them fome bodily hurt, if they will not give way to him, his entry is efteemed forcible, whether he caul'e fuch a terror, by carrying with him fuch an unufual number of attendants, or by arming himfelf in fuch a manner, as plainly inti- mates a defign, or bya6tually threatning to kill, maim, or beat thofe who fhall continue in pofleiiion, or by giving jout fuch fpeeches as plainly imply a purpofe of ufmg force, ias if one fay that he will keep his pofleffion in fpite of all ,'men, or the like, i Haw. 145. ! But it feems that no entry {hall be judged forcible from ,any threatning to fpoil another's goods, or to deftroy his . jCattle, or to do him any other fuch like damage, which is potperfonal, 1 Haw. 146. 1 However it is clear, that it maybe committed by a fin- I'le perfon, as well as by twenty, i Haw. 146. But neverthelcfs all thoie who accompany a man, when 12 makes a forcible entry, fnall be judged to enter with lim, whether they adually come upon the lands cr not. [ Haw. 144. //. What is a forcible detainer^ It feometh certain, that the fame circumftances of vio- "nee or terror which Vv'ill make an entry forcible, will Inake a detainer forcible alfo. And a detainer may be J3rcible, whether the entry were forcible or not. 1 Hau:. 46. ' R 2 ///. How 2 6o jro?ctble entrp anfi Setatner. ///. How are they pmijloahle hy a^'ton at law. If any per/on he put out or diffcifed of any lands or tenements in forcible manner^ or put out peaceably^ and after holden out iviih ftroyig hand\ the party grieved Jhall have affvze of T.vvel dijfeifin^ or writ of trefpafs againfi the dijpijor -, and if he recovers^ be fnall have treble damages^ eind the defendant moreover Jhall make fine and rarfoni to the king. 8 H. 6. c. 9. f. 6. The party grieved foall have ajjlze, &c.] But this adion, ; being at the fuit of the party," and only for the right, is only where the entry of the defendant was not lawful ;' for if a man entreth with force, where his entry is law-' ful, he ihall not be punifhedby way of action ; but yet h« Biav be indicted upon the ftatute, for the ind;6lment is for the force and for the king, and he fhall make fine to the king, although his right is never fo good. Dalt, c. 129. Treble damages'] And this he {hall recover as well for the mefne occupation, as for the firft entry : And alKeit he fhall recover treble damages, yet he fhall recover colts, which fhall be trebled aifo; for the word damages includ- eth cofts of fuit. i Irfl. 257. If^. Ho'-iV -punlftjahle at the general jtfjicr.s. The party grieved, if he v/ill lofe the benefit of hi< treble damages and cofts, may be aided and have the a{rifl:ance of the juftices at the general feilions, by vvav a indictment (A) on the ftatute of 8//, 6. Which being found there, he (hall be reftored to his pofll-irion, by writ of reftitution granted out of the fame court to the IherifF. Dalt. c. 129. In the caption of which indictment, it will be fufn- cient to fay, jufiices ajfigyied to keep the peace of our lord the king, without Ihewing that they have authority to hear and determine felonies and trefpafles ; for the flatute en- ables all judices of the peace, as fuch, to take fuch in- dictments. I Hatv. 147. J, And the tenem.ent in which the force was made, muflfl be defcribcd with convenient certainty; and mufl: fet forth that the defendant actually entrcd ; and oufted th?, party grieved ; and continueth his pofTefllon at the tim^' of hading the indidtment} otherwife he cannot have re- 2 ititution^ 5r 0|C!We mttp anB Utaiivt. 261 ftitution, becaufe it doth not appear that he needeth it. I H^w. 147, 149, 150. But if a man's wife, children, or fervants do continue in the houfe or upon the land, he is not oufted of his pofTeffion ; but his cattle being upon the ground, do not prefervehis polTeflion. Dak. c. 132. An indivflment for forcible entry was quaflied, for not fetting forth, that the party was feifed or difleifed, or what eftate he had in the tenement ; for if he had only a term for years, then the entry muft be laid, into the free- hold of yf. in the pofleffion of ^. 3 Salic. 169. V. How punijhable by one jujiice. 1. For a more fpeedy remedy, the party grieved may complain to anyone juftice; or to a mayor, fherifF, or bailifF, within their liberties. 8 //. 6. f. 9. 2. But altho' one juftice alone may proceed in fuch cafes, yet it may be advifeable for him, if the time for viewing the force will fufFer it, to take to his affiftance one or two morejuftices. 3. Concerning which power of one juftice, it is enabled as follows : Jfter complaint made is fuch juftice, by the party grieved^ of a forcible entry made into lands, tenements, or other pofj'ef- fions, or forcible holding thereof he Jhall within ti convenient time, at the cojls of the party gyicvcd (without any exa- mining or ftanding upon the right or title of either party) take fujfcient pozuer of the county, and go to the place ivhere fuch force is made. 15 R. 2. c. 2. 8 H. 6. c. 9. f. 2. Dak. c. 44. Complaint ■ by the party grieved] Yet thefe words do not inforce any neceflity of fuch a complaint; for ic is holden, that the juftice may and ought to proceed, upon any information or knowledge thereof whatfoevcr, thouglj no complaiiit at all be brought unto him, by any party grieved theicby. Lamh, 147. Power of the county'] All people of the county, as well the flieriff as other, (hall be attendant on the juftlces, to arrcft the offenders ; on pain of imprifonment and fine to the king. 15 i2. 2. c. 2. 4. And if tjie doors be (hut, and they within the houfe fliall deny the juftice to enter, it feems he may break open the houfe, to remove the force. Dait, c. 44. R 3 5. And 262 ifojcfblc tnttv ?*i^B Detatner. 5. And if after fuch entry made the ]u{iice Jhalljind fuch for:.-; he fiall caufe the offenders to be arrejied. 15 R. 2. c. 2. 8H. 6. c. 9. f. 2. 6. He ftiall alfo take away their weapons and armour, and caufe them U-i be appraifed, and after to be anfwered to the kinf as forfeited, or the value thereof. Dalt, c, 44. 7. Alfo fuch juftice ought to make arecord (B) of fuch force by him viewed-^ which record fhall be a fufficient con- vi<5lion of the offenders, and the parties fhall not be al- lowed to traverfe it: And this record, being made out of the feffions, by a particular juftice, may be kept by him ; or he may make it indented, and certify the one part into the kind's bench, or leave it with the clerk of the peace ; and the other part he may keep himfelf. For this view of %\\e force by the juflice, being a judge of record, maketh his record thereof in the judgment of the law, as ftrong and effectual, as if the offenders had confefled the force before him ; and touching the reftrainiiig of traverfe, more effectual, than if the force had been found by a jurv, upon the evidence of others. (This is, as to the •fine and imprifonnient, but not as to leftitution.) 15 J2. 2. f. 2. Dalt. c. 44. 8. And the offenders, being airefted (as before is faid), fhall be put in the tiext gaol ( C ) there to abide conviif by the record of the fame jujiice^ until they have made fine and ranfni to the king. 15 R. 2. c. 2. Shall be put in the next gaol] It is faid, that the juftice hath no power to commit the offender to gaol, unlefs he dp it upon his own vipw ot the fail, and not upon the jury finding the fame afterwards. Dalt. c. 44. i Haw. 142. And if fuch offenders, being in the houfe at the coming of the juftice, ihali rr.ake no refiftance, nor make (hew of any force, then the juftice cannot arreft or remove them at all upon fuch view. Dalt. c. 44. But howfoever, if the force be found afterwards, by the inquiry of the jury, the juftice may bind the offen- ders to the peace; and if they be gone, he may make his warrant to take them, and may after fend them to the gaol, until they have found fureties for the peace. Dalt. f. 44. Note; Mr. Daltcn^ in this place fays, good behaviour^ V.'hich I have prefuined to alter to the peace, as deeming it much forcible entrp ana detainer. 263 much the fafer ; and not being fufficiently fatisfied con- cerning the power of a juftice of the peace to bind to the good behaviour in the like cafes, which power Mr. Dal- ian hath enlarged more than all other authors, without any aififtance from the commiifion of the peace, or any ait of parliament, other than had been for above 200 years before. Until they have made fjie'] H. 1 G. ±. K. and Sir Edm. Elwell. He was brought up upon a habeas corpus, with a return of the caufe of his commitment, which was upon a convi(5lion of forcible entry and detairfier. And it being moved to difcharge him upon exceptions to the commit- ment, the court refufed to enter into the confideration of them, till the conviction was likewife regularly removed before them. But by confent he was bailed in the mean time. And this term the conviition being before the court, it appeared that there was no fine fet by the juftices, and it was therefore moved to be quafli^d. It was agreed on both fides, that there fliould be a fine ; but it was in- fifted, that it being now before the king's bench by a cer- tiorari, they might fet the fine. But by the court, we are not to execute the judgment of an inferior court* The conviction is to be upon view, and they who view the nature of the force are the propereil: judges what fine to fet ; and though a certiorari flaould corne before the fine is fet, yet it would be no contempt in the juftices to compleat their judgment by fetting one. Lambard indeed was of opinion, that the juftices could not fet the fine at all; but upon what foundation we can never imagine. The juftices are not bound to do it upon the fpot, but may take a reafonable time to confider of the fine ; becaufe by the words of the a£t, the commitment is to be, till he has paid the fine. The conviCtion muft be quafhed, and the defendant difcharged. Str. 794. L. Ray?n, J515. I Sef C. 289. And the fame was likewife folemnly refolved in Leigh- ion's, cafe ; and that the juftice may aftefs the fame, either before the commitment or after, i Haw. 14.2. And the fine mult be afiefTed upon every offender feve- rally, and not upon them jointly ; and the juitice ought to eftreat the fine, and to lend the eftreat into the exche- quer, that from thence the fl:ierifi^may be commanded to levy it for his majefty's ufe. Dalt. c. 44. But upon payment of the fine to the fheriff, or upon fiireties found (by recognizance) for the payment thereof, R4 it 264. jfojciblc cntrp auB Bstainet. it fecmeih thnt the juflice may deliver the offenders out of prifon again at his plcii.'ure. . Dalt. c. 44.. g. And fo much concerning removing the force: But the party oufted cannot be reftored to his pofleffion by the jullice's view of the force ; nor unlefs the fame force be found by the inquiry oF a jury. Concerning which it is enacled as follows : And iho* that tU yerfons making fuel entry be prefent, cr elfe departed before the cflin'mg of the jujlice ; he may nctwithfiandlng infoms (rood iozvn next to the tenements fo entredy or in fome other convenient place by his difcretion (and that, though he go not to fee the place v.'here the force is; Dalt. c. i.\.) have tower to inquire by the people of the county, as ivcU cf them that make hich forcible entry ^ a; of them 'xhich hold the fame %vith force. 8 H. 6. c, 9. f, 3. 10. In order to which, the uiflice foall make his precept (D) i(7 the JIoerif\ commanding him in the king's behalf to caufe to come b,:fore hi?n, jufjicient and indifferent perfonsy dwelling next about the lands Jo cfzired^ to enquire of fucb en- tries ; ivhereof eiery^ man Jhall have lands or tenements if ^0 £> a year.) above reprizes. And the fheriff fhall return iffues on every ofthcmf at the day of the f^Ji precept returnable 20 s, arid at the Jecond day 4.C s, and at the third day ico 5, and at every day after double. And the jheriff making default^ ftiall on conviction before the fame jujlice , or before the ju'ige of affize, forfeit 2.0 1, half to the king^ and half to him zvho fjali f'.ey 'ivith cojls ; and moreover flmll make fine and ranfom to the king. 8 H. 6. c. 9. f. 4, 5. Before the fame juflice'\ And the juftice may proceed againft the Iheriff for this default, either by bill at the fuitof the party, or by indidmenrat the fuit of the king. Dalt. c. 44. • II. And the defendant alfo, if he is not prefent, ought to be called to anfwer for himfelf j for it is implied by na- tural juftice in the conftruction of all laws, that no one ought to fufTer any prejudice thereby, without having firft an opportunity of defending himltlf. i Haio. 154. 12. And it feems to be fettled at this day, that it the defendant tender a traverfe of the force, the jultice ought not to make any reftitution, till the traverfe be tried. I Haw. 154. 13. The defendant may alfo by the t^i El. c. 11. plead three years pofpffion ; whereby it is enacted, that no rcjii- tution upon aninditAinent of forcibly e7itry, or holding with force, Jhallbemade, if the perfon indited have had the occupation^ cr ifotcible entrp anh detainer. 265 or leen in quiet poffiffion for three years together next before the indi£Jme-(it found, and his eJJate therein not determined j and reftitution jhall flay till that he tried: and if it is found again/} the party indicted, he JJjall pcy fuch cofls and damages as the judges- or jufiices Jhall affefs ; to be recovered as cojis and damages in judgment' on other actions. And it hath been holden that the plea of fuch pofTe/fion is good, without (hewing under what title, or of what eftate fuch polTefTion was j becaufe it is rot the title, but pofieliion only, which is material in this cafe, i Haw. 152. 14. And it was holden by the court in Lt:ighion's cafe, that if the defendant fliall either traverfe the entry or the force, or plead that he has been three years in poiTeffion, the juftice may fummon a jury for the trial of fuch tra- verfe, for it is impoiTible to determine it upon view ; and if thejullice have no power to try it, it would be eafy for any one to elude the Pcatute by the tender of fuch a tra- verfe, and therefore by a neccflary conftrusStion the juftice Uiuft needs have this power as incidental to what is ex- prefsly given him. i Haw. 142. 15. And this traverfe muft be tenJred in writing, and jjot by a bare denial of the fact in words j for thereupon a venire facias muil be awardfd^ a jury returned, the ifTue tried, a verdi6l found, and judgment given, and cofts and damages awarded ; and there mufl be a record, which mu(t be in writing, to do all this, and not a verbal plea, Valt. c. 133. I Haw. 154. 16. Upon which traverfe tendred, the juftice fhall caufe a new jury to be returned by the fncrifF, to try the traverfe; v^hich may be done the next dcs\ but not the fame day. Da.t. c. 133. 17. And it f^emeth, that he who tendreth the traverfe, •Thall bear all the charges of the trial ; and not the king, or the party proiecuting. Dalt. c. 133. 18. And ij^ fuch forcible entry or detainer he found [K) before fuch jujlice, then the fuid jufiice Jhall caufe to refeife ,{F) the lands and tenements fo entred or holden^ and JJjall reftorc the party put ouc-t to the full pcffejfion of the fame ^ H H. 6. c. 9. f. 3. I The fiid jufiice] It feems to be agreed, that no other juftices of the peace, except thofe before whom the in- dictment fhall be found, fliall have any power either at the feflions or out of it, to make any award of reflitution. II Haiv. 15^, : 266 iro?ciftle tnttv ans aetaiftier. Shall caufe to rejelfe] And the juftice may break open the houl'e by force, to refeife the fame ; and fo may the fherifF do, having the juftice's warrant. Dalt. c. ^a^, Refeife'] That is, fhall remove the force, by putting out all fuch offenders as fhall be found in the houfe, or upon the lands, that entred or held with force. Dalt. c. 130. Jndfiall rejiore the party put out] And this he may do in his own proper,' perfon ; or he may make his warrant to the fheriffto do it. Dalt. r. 44. i Hazu. 151, 2. 19. And by 21 J. c. 15. it is enabled, that fuch judges^ jujllcesy or juftice of the peace ^ as may give rejlitution unto tenants of any efiate of freehold^ may give the like tmto tenants for term of yearSy tenants by copy of court roil, guardians by knight^ 5 fcrvice^ tenants by elegit, fiatute merchant andjlaple, of lands or tenements by them fo holden, which fhall be entred upon hyforce^ or holdenfrom them by force. yi. How punifJj able on a certiorari. Although regularly the juftices only who were prefent at the inquiry, , and when the indictment was found ouo^ht to award reftitution ; yet if the record of the pre- fentment or indictment fhall be certified by the juftice or luftices into the king's bench, or the fame prefenlment or indidtment be removed and certified thither by cer- tiorari, the juftices of that court may award a writ of reftitution to the flieriff, to reltore pofTedion to the party expelled; for the juftices of the king's bench have a fu- preme authority in all cafes of the crown. Dalt. c. 44. Alfo where upon a removal of the proceedings into the king's bench the convidtion fhall be quafhed, the court Vk^ill order reftitution to the party injured. As in the cafe of K. and Jones^ M. 8 G. A conviction of forcible entry was quafhed for the old exception of meffuage or te- nement, by reafon of the uncertainty -^ but the reftitution was oppofed, on an affidavit that the party's title (which was by leafe) was expired fince the conviction. But the court faid, they had no difcretionary power in this cafe, but were bound to award reftitution on quafhing thq con- « viition. Sir. 474. * VIL How punifhable as a riot. If a forcible entry or detainer fhall be made by three ptiToiis or more, it is alfo a riot, and may be proceeded a;rainft againft as fuch, if no inquiry hath before been made of the force. Da/t. c. 44. A. Indidment for a forcible entry and detainer. Weftmorland. Cj^H E jurors for our lord the king uton their oath frefent^ that A. I. late of the parijh of in the county aforefaidy gentleman^ on the ■ I day of in the year of the reign of • wai^foffifjed of a certain mcffuage^ with the appur- terlancesy fituate^ lyi^g'i '^nd being in ■■ i?! the parijh aforefaidy in the county aforefaidy for a certain term of yearsy then and fill to cc?ney and unexpiredy and being fo pofj'ejfed thereof y one A. O. late of in the f aid county y yeomany afterzvardsy to wity the faid - day of • in the year aforefaidy into the fame mefJuagCy ivith the appurtenances aforejaid., in ' ■• ■ ■ aforejaidy in the parijh and county aforefaidy ivith force and armsy and with Jlrong handy iin^ lawfully did enter y and the faid h. I. from the peaceable pof^ fcffion of the faid mcjfuagey zuith the appurtenances aforejaid^ then and there tvith force and arms, and wiihjlrc?7g handy un- lawfully did expel and put outy and the faid A.I. from the poffejfion thcreofy jo as aforefaidy zuith force and arms, and with Jlrong handy being unlawfidly expelled and put outy the faid A. O. him the faid A. I. from the aforefaid — ^ ^ay of • " in the year aforefaidy until the day of the taking this inquifniony from the pojfeffion of the faid rnejfuagey with the appurtenances aforefaidy with force and armSy and ivith Jlrong handy unlawfully and injurioufly then and there did keep outy and doth jTiU keep outy to the great damage of the faid A. I. againjl the peace of our faid lord the kingy and againjl the form of the Jiatutes in that cafe made and provided. Note ; Xf it is a freehold, then the party muft be faid to hzfeijcd thereof in his demefne as of fee ; and confe- quently he mufl: be thereof dij/e if ed : otherwife if it is of a Jefler eftate, of which he is not properly faid to be feifcd, but pofTefTed thereof at the will of the lord, according to the cuftom of the manor, or the like, and then he mull be expelled y ejeiiedy amove dy or the like, B. Reeord of a forcible detainer upon view. ' ■ Note ; The books upon the office of a juftice of the pe^ce generally fet forth, that the record ought to be in the 268 ifo?cibIe entrp auD Betafner. the prefent tenfc, and not in the time pad (and herewith do accord the adjudged cafes in the court of king's bench, Str. 443.); yet ncvcrthelefs they ail exhibit the form of a record in the time paft, and not in the prefent : Therefore I have taken the liberty to alter the fame, from the record in L. Raymond of the conviction of Sir £dm. Elwell aforefaid, and others ; adding the fitie there- unto, for the want of which that conviction was quafhed. And I have given the form of a record of a forcible de- tainer, rather than of a forcible entry^ becaufe thejuftice for the moft part cannot be fuppofed to be prefent at the entry, as not having knowledge thereof until after the entry is made. Kent, jy E It rememhred, that on the J ^ih of September ^ to wit. jfi the JirJI year of ths reign of our f over eign lord George ;/;^ yr^rowi^ (j/' Great Britain, France, <7«c'/ Ireland, king, defender of the faith, and fo forth, at Beckingham in the county of Kent aforefaid, Eliz. Elwell complaincth to us Sir E. Bettenfon, baronet, P. Burrel, and W. PafT^nger, fquires, three of the ju/iices of our faid lord the king ofigned to keep the peace in the faid county, and afo to hear and deter- 7nine divers felonies, trefpaffes and other mifdetneanors in the faid county committed, that Sir £dm. Elwell, Icte of London^ baronet, Jofeph Billers, late of and Daniel Alonty, late of into the meffuage of her the faid E. E. being the manfion houfe of her the faid E. E. called Langley houfc, fituate within the pari]}} of Beckingham aforefaid, did enter, and her the Jaid E. E. of the mefjuage aforefaid, ivhcreof the faid E. E. at the time of the entry aforefaid, vjas feijed as of the freehold of her the faid E. H.for the term of her Ife, un- laiv fully ejected, expelled, and amoved, and the faid mejfuag^ from her the faid El. E. unlawfully, with Jirong hand and armed power, do yet hold and from her detain, again jl the for ju of the fatuts infuch cafe made and provided ; whereupon the ' fame El. E. then, to wit, .on the faid l^th day of Sep. at the parijh ofB. aforefaid, prayeth of us, fo as aforefaid being juf- tices, to her in this behalf that a due remedy be provided, ac- cording to the form cf the fiatute aforefaid : Whiih complaint and prayer ly us the aforefaid jujiices being heard, we the of or ef aid E. B. baronet, P. B. andW."?. efquires, juflices aforefaid, to ths meffiage aforefaid perfonally have come, and do then and there find and fee the aforefaid Edm, E.J. B. and D. M. the aforefaid mefjuage, with force and arms, unlaw- fully, tvith firong hand and armed poxver, detaining, agcinfi the form of the fiatute infuch cafe made and provided, accord- ing as Jlje the Janie El. E.^/a as aforefaid hath unto us com- plained : JFoiciWe entry arm Betafnet. 269 plained : 'Therefore It is confidered hy us the aforefaid jujiicesy that the aforefaid Edmund Elwell, Jofcph Billers, and Daniel Monty, of the detaining aforefaid VJith Jlron^ hand^ by our own proper view then and there as is aforefaid had, are conviSled^ and every of them is conviHed, according to the form of the Jiatute aforefaid ; JVhcreupon zve the jufices aforefaid, upon every of the aforefaid^d, E. J. B. and D. M. do Jet and i7npoJe jeveralty a fine of lO \ of good and lawful money of Great Britain, to be paid by them and every of them feverally to our faid fovereign lord the king, for the f aid offen- ces ; and do caufe them, and every of them, then and there to be arrejlcf\ and the fame Ed.E.- J. B. andD. M. being convicted, and every of them being convi£ied upon our own proper vinu, of the detaining aforefaid, with Jlrong hand as is aforefaid, hy lis the aforefaid juflices are committed, and every ofihem is committed, to the gaol of our faid lord the king, at Maidftone, in the county of Kent aforefaid, being the next gaol to the meffuage aforefaid, there to abide refpeHively, un- til they fhall have paid their feveral fines rcfpeSlively, to our faid lord the king, for their refpeSiive offences aforefaid. Con- cerning which the premiffes aforefaid, we do tnake this our record. In witnefs whereof, we the aforefaid E. B. baronet, P. B. and W. P. efqiiires, the jujiices aforefaid, to this record our hands mid feals do fet at the pari fh of B. aforefaid in the county of Kent aforefaid, on the l^th day of Sep. in the firff year aforefaid of the reign of our faid fovereign lord the ^ now king. C. MlttimiiS for forcible detainer. Wcftmorland. J^DWARD HafTel, efquirc, one of the juJlices of our fovereign lord the king's majeffy, affigned to keep the peace within the faid county of W. and aijo to hear and determine divers felonies, trefpaffh, and other ?nijdemeanors in the faid county committed ; 'To the keeper of his majeftfs gaol at in the faid county, and , to /- y deputy and deputies there, and to every of them, greet- ing . Whereas upon complaint made unto me this prefent day, by A.. 1. of in the faid county, yeoman, I went imme- diately to the dwrlUng houfe of the faid A. I. at — afore- faid in the faid county, and there found A. O. late of * labourer, B. O. late of the fatne, lueaver, and C. O. late fij" . butcher, forcibly vjith flrong hand and armed poiuer, holding the faid hoife, cgainft the peace of our faid lord the king, and againfi the form of the ftatute in fuch cafe made and provided : Therefore I fend vou, by the brlngers here- of. 2 7^ iFo?cibie entrp an& detainer. tf^ the bodies of thcfa'id A. O. B, O. and C. O. conv'iBed of ihc f aid forcible holdings by iti'ine o%un view, tejlimony and record ; commanding you in his /aid majeflfs name to receive them into your faid gaol, and there fafcly to keep them^ and every of them refpe£iivdy, until they fiall have refpedively paid the fever al [urn of lol, of good and lawful money c/" Great Britain, to our faid f over eign lord the king, ivhich I have fet and impofed upon every of them feparately, for a fine and ran- fomfor their faid irefpajjes refpe£lively. Herein fail you not, at the peril that may follovj thereof. Given at aforefaidy in the county aforefaid, under myfeal, the • ■ ■ - day of •- ■ — in the year of the reign cf our faid fovereign lord king George the third. Note; By the forms in all the bocks, all the offenders fiand committed until aii have paid, fo as that the firft (hall not be difcharged on payment of his own fine, but continue until all the reft have paid likewife; which feems unreaibnablej and is not v^arranted by the ftatute. D. Precept to the flieriff to return a jury. Weftmorland. n I CHARD Whinfleld, efquire, one cf *^ thejiijiices of our lord the king^ offign- ed to keep the peace in the faid ccuyity, and alfo to hear and de- termine divers felonies, trefpaffes, and other rni [demeanors in the Jaid county committed; Ta the flyer iff of the faid county, greet' ing : On behalf of our faid lord the king, I cont?nand you, that you caufe to come before me at " in the county afore^ faid, on the day of •• • next enfuing, twenty four fujficient and indifferent men, of the neighbourhood cf ajorefaid, in the county aforefaid, every of whom foall have lands or tenements of 40 s yearly at the leafl, above reprizes, to inquire upon their oaths for our faid lord the king, cf a cer- tain entry made with firong hand (as it is faid) into the mef- fuage of one A, I. at aforefaid, in the county afore- faid^ agai7ijl tie for 7n of the Jiatute in fuch cafe made and provided. Jndyouare to return upon every of the jurors by you in this behalf to be impannelled, 20 s of iffues at the afore- faid day. And have you then there this precept. Jtid this you fliall in no wife omit, upon the peril that flyall thereof enfuc. JVitnefs the faid R. W . at in the county aforefaid^ the •— day cf — in the year of the reign of . The The jurors oath. ^^ O U Jhall true inquiry and prefcntment make bf all fuch things as Jhall come before you., concerning a forcible entry [or detainer^ faid to have been lately committed in the dwell- ing hhife of —yeoman J at in this county ; you Jlmll ■* fpare no one for favour or affe^ion, nor grieve any one for hatred or ill willy but proceed herein according to the heft of your knowledge^ and according to the evidence that Jhall be given to you : So help you God. 'The oath that A. F. your foreman hath taken on his part, you and every of you Jhall truly obferve, and keep on your parts : So help you God. E. The inquifition, indiflment, or finding of the jury. Weftmorland. //iV inquiftion for our fovereign lord the kingy indented and taken at ■ in the faid county ^ the - da^j of in the •• year of the reign of- by the oaths of • . . ■ good and lawful men of the faid county y before J. P. efquire^ one of the jufiices of our faid lord the king, ajfigned to keep the peace in the faid county, and alfo to hear and determine divers fclo}2ies^ trefpafj'es, and other mifdemeanors in the fame county committed, •who fay upon their oaths aforefaid, that A. I. of afore- f aid yeoman, long fence lawfully and peaceably was feifed in his demefne as of fee [if it is not freehold, then fay, poffcfjed] of and in one meffuage, with the appurtenances, in — — aforefaid^ in the county aforefaid, and his faid poffeffion [and feifen] fo continued until A. O. late of- yeoman, B. O, late of the fame yco?nan, and C. O. late of the fame, yeoman, and other malefa^ors unknown, the day of now lajl pafi, withjlrong hand and armed power into the meffuage ofo'refaid, with the appurtenances aforefaid, did enter, and him the faid A. I. thereof diffeifed, and with fir ong hand expelled', and him the faid A. I. fo diffeifed and expelled from the faid mefuoge with the appurtenances aforefaid, from the faid • - ■ - day of — — uyitil the day of the taking of this inquifetion, with like flrong hand and armed poiver did keep out, and do yet keep om, to the great difturbance of the peace of our faid lord the king^ end againfi the form of the flatute in fuch cafe made and pro- vided. IVe ivhofe names are hereunto ft, being the jurors alovefaid, do upon the evidences now produced before us, find the in- quiftion aforejaidtrue. A. B. I , C. D. t^'c. F. War- 272 ipDjcfule entrp anD Betatnen F. Warrant to the OierifFfor reflitution. Weftmorland. tV/TARTIN Dgnn, efquire, one of the -*•''-»• juflices of our fovereign lord the king, affgned to keep the fence in the jaid county y and alfo to hear and clctsrmine diver i felonies, trefpaffcs, and other mlfdemeanors in the faid county committed : To the fhcrif of the f aid courdy, greeting : Whereas by an inqivfiiion taken before me the j lift ice aforefaid, at in the county aforefaid, on this prefent -— — day of in the year of the reign of upon the oaths of and by virtue of the flattdes made and pro' Z'ided in cafes of forcible entry and detainer, it is found, that A. O. lale of yeoman, and B. O. late of yeoman, on the —■ — day of ■ — now lafl pajl, into a certain mef- fuage, with the appurtenances, of A.\. of — aforefaid, in the county aforejaid, gentleman, fitiiate, lying, and being at — — — aforefaid, in the county aforefaid, with force arid arms did enter, and him the f aid A, I. thereof then iviihflrong hand did diffeife and drive out, end hitn the faid A. I. thus driven out from the aforefaid meffuage, with the ap- purtenances, fiom the - day of •■ aforefaid, to this prefent day of the taking of the faid inquifition, with fir ong hand and arw.ed force did keep out, and do yet, keep out, as by the inquifition aforefaid more fully appear eth of record : Therefore on the behalf of our faid fovereign lord the king, I charge and com~ mand you, thai taking with you the power of the county ( if it bt \ needful) you go to the Jaid meffuage and other the premifjcs, and \ the fame with the appurtenances. you cauje to be re/eifed, an J that you caife the faid h. I. to be tefioredandput into his full poffef- .. fion thereof y according as he, before the entry aforejaid, was feifed, according to the form of the faid flatutes. And this you Jhall in no wife omit, on the penalty thereon incumbent. Given under my hand and feal at in the faid county, the day of in the — year of the reign aj ./ I iFoicign spanufatturc i Artificers going I. 'Y} Y the 5 G. c. 27. If any perfon {ball contra£l with, i ""'^•'•^''^ X3 entice, or endeavour to perfuade any manufadlurer i msdom. or artificer in wool, iron, ftcel, brafs, or any other metal, ,, clockmaker, v/atchmaker, or any other artificer or manu-- fadturer, jj i ft(n;urer, to go out of this kingdom, into any foreign coun- try out of his majefty's dominions, and fliaii (on profecu- tion in 12 months) be convince] thereof on indicSlment or information, in the courts at iVeJlniinJier^ affixes or iti' fions of the county where the offence fhall be committed ; he fliall for the firii offence be fined not exceeding lool, and be imprifoned for three months, and until the fine be paid; for the fecond offence, ihall be fined at the difcre- tioxi of the court, and be imprifoned 12 months, and till the fine is paicT. f. i, 2. And if any fubje61, being fuch artificer or manufac- turer, fliall go into any country out of his majefty's dominions, to exercife or teach any the faid majiufac- tories to foreigners, or if any lubje«5l who {hall be in any fuch foreign country, and there exercife any the faid manufadories, fhall not return in fix mouths next after warning be given him, by the ambaffador, minifter. or conful, or perfon authorized by him, or by a fecretary j of Itate, and from thenceforth continuaUv inhabit wiihiri this realm; he (hall be incapable of any legacy, or of be- ing executor, or adminif^rator, and of takmg any lands, by defcent, devife, or purchafe, and forfeit his lands and goods, and be deemed an alien, and out of the king's protection, f. 3. And on complaint on oath before a juftice, that any perfon is endeavouring to feduce or draw away any fuch rnanufa6lurer or artificer, or that he hath contraft'^d or is preparing to go out of the kingdom ; he may iffue his warrant to bring fuch perfon before him or feme ether juf- tice; and if it fhall appear to fuch juHice by confeflion, or the oath of one witnefs, that fuch perfon was guilty of any the faid offences, he may bind him over to the next aflizes or feffions, to anfwer the premiffes ; and if he fhall upon indidlment be there convidted of any fuch promife or contrail, or preparation to go abroad beyond the feas, he fhall give fuch fecurity, not to depart out of the realm, as fuch court fhall think, reafonable, and be imprifoned until fuch fecurity be given. ; / 4. . And by the 23 G. 1. c. 13. If any perfon fhall contrail with, or endeavour to perfuade or feduce any artificer in the manufaifures of Great Britain., to go into any ioreign country, not belonging to the crown of Great Britain ', I and fliall be thereof convicted, in twelve months, in the |- king's bench, or at the affizes ; he fliall for every fuch «■ I perfon forfeit 500!, and be imprifoned in the common ' g3o! for twelve months, and till paym.ent of the forfeiture ; Vol. n, S a&d 5fo?etsn U^anufartute. and for a fecond or other fubfequent ©ftence, fball forfeit loool, and be imprifoned two years, and till payment, , / i» «• Tool, .nduien- 2. By the 23 G. 2. c 13. If any pcrfon fhall put on ftU carried out boatd any veflel not bound diredly to Tome of the Britijb *^''^^'""=^°'"' ciominions, any tools or utenfiis, or part thereof proper for either the woollen or filk mauufa£lures j he fhali forfeit the fame, and 200 1. / 3* And any oflicer ot" the cuftoms may feize, and fecure in fome of the king's warehoufes, all fuch tools and utenfiis as (hall be found on board any fuch veflel ; and the fame, after condemnation, fhall bepublickly fold. f. 4. And if the mafter or captain (hall knowingly permit any the faid tools or utenfiis to be put on board his fhip ; he fliall forfeit lool, and if it is a king's fhip he fhall alfo forfeit his office, and be incapable of any office under the crown. / 5. And if any officer of the cuftoms fhall take any entry outward or fign any fufFerance for fhipping or exporting any the faid tools, or knowingly permit the fame to be done; he fhall forfeit 100 1, and his office, and be inca- pable of any office under the crown, f. 6. All which faid penalties, on this a£l fhall be half to the ■ king, and half to him that fhall profecute. f. 7. And by the i<;j. G. 3. c.'jx. If any perfon fhall put on board any veflel not bound dire£tly to fome port in Great Britain or Ireland^ any tools or utenfiis, or part thereof, proper for the <:c//w, a place : that is, a place, entire, clear, or exempt from thcsoreft: andlignifles thofe grounds wliich Henry the fecond, Richard the firft. or king Jokn uudcd (15am?. 299 added to their ancient forefts, over other men's gro.unas ; anJ were difaffurefted by the ilutute of charta dej'orcjia. 4. Inft. 303. Manw. 31.8. But iieverthelefs the purlieu zs to fome purpofes is foreO: ftilJ and is difafi'orefled as to the particular owners of the land and for their benefit, and not generally to give liberty to any man to hunt the wild beads, and fpoii the vert. And if thofe beafts do efcape out of the fcreil into the purlieu, the king hath a property in them ftill againft any man, butagainft the owners of the woods an'i lands in which they are; and fuch owners have a fpecial pro- perty in them ratione loci, but yet fo that they hunt them fairlv, and not foreftall them in their .return towards the forefi. Marnv. 366. Mvxx. x purlieu \w\\\\ may not hunt in every man's lands within Khz purlieu, but in his own lands only; and there- fore if he find the beaft of the foreft in his woods or lands in the purlieu, in fuch. cafe he hath a property in them againft any other man ratiotie foil {the king only excepted). And if he begins the hunting in his own lands, then by reafon of that property he may purfue his hunting through any man's woods or lands, fo as he doth not enter into any foreft, chafe, park, or warren. And if he kill the bead in another man's land, and out of fuch privileged place, he may take and carry away the fame by reafon of the firft property. But if the beail recover the forelT, he muft call back his dogs, for they are then the king's wild beads again. And if he do net call back and rebuke his dogs, and they kill the beafts in the forcft, he is a trefpafler, tho' himfelf never came within the bounds thereof. But if in hunting towards the fored, the dogs faden on it before it is within the bounds thereof, and the dogs ftill hanging on are drawn by the deer into the foreft, and it is killed there, then by reafon of the hid property y^hlchhehzd ratione foli, and a!fo by the purlhit and poi- feffion thereof before it entred the fored, he may lawfully enter and take it. Alaniv. 373. 4. A chafe (from coajfer, to chafe) is a privileged place Chaf; what^ for receipt of deer and beads o^ the fored, and is of a mid- dle nature betwixt a fored and park. It is commonly lefs than a fored, and not endowed with f ) many liberties, as officers, laws, courts ; and yet is of a larger compais than a park, having more cflicers and game tnan a park. Every fored is a chafe, but every chafe is not a fored. It did'ereth from a park in that it is not inclofed ; for if it is in:;lyredj it is a good caufc of forfeiture ^ tho' it mu'l 30^ (Mmt, have certain metes and bounds, but it may be in other men's grounds as well as in one's own. Read, Game. Afamu. 49 . resits of chafe. 5. Be.tfts of chafe are the buck, doc, fox, martcrn and roe. Mamu. 44. r.'.rk, what. 6. A fork (from the French, /i^rywi??-, to inclofe) is a large parcel of ground privileged for wild beafts of chafe by the Icing's grant, or by prcfcription. Read. Game. Ffaits oirsrk. ^. The beafts of park properly extend to the buck, doe. fox j but in a common and legal fenfe to all the beafts of the foreft. Rrad. Game. . -V- --, 1,- ;-,. 8. A parkmuft be inclofed ; for if it lies open, it is a good caufe of feizure into the king's hands, as a thing forfeited : and the owner cannot have an adtion againft thofe that hunt in his park, if it lies open. Read. r Game, '^•rfTiaii goto ^. Deer in a park (hall go to the heir, and not to the -'''"'• executor, i Inji. 8. i-.'.zt. %vhat. 3 0. A warren is a place privileged by prefcription or grant of the king, for the prefervation of the beafts and fowl of the warren ; •viz. hares, conies, partridges, and pheafants. Aiar.vj. 44. Kced not to be 1 1. A free warrcn may lie open, there being no necef- •nclofed. fify of inclofing it. Read. Game. Conies ftali go 12. Conies in a warren (as hath been faid before of deer to the heir. \^ the park) ftiall so to the heir, and not to the executor. I hyh 8. Licence to ercft. 13. It is not lawful for any perfon to make any chafe, park, or warren, in his own freehold or elfewhere, to keep in it any wild beafts, or birds of foreft, chafe, park, or warren, without the king's grant or warrant fo to do ; and if any man do, he is to be puniflied in z^o warranto^ and the franchife to be feized into the king's hands. A^aijw. 56. M. 12 G. K. and ^ir William Lowther^ It was moved for leave to file an information in nature of a quo war- raiiio, againft Sir IVilliani Lowther, to fhew by what au- thority he had made and fct up a warren. But it was denied by the court; becaufe it was of a private nature, and therefore proper to be profecutcd only in the name of tt^.c attorney general by information, if his majefty thought fir. And the like motion had been denied before in the cafe of the lord L'Jhurnc. L. Raym. 14C9. Stra. 637. Which of thcfc 14' A foreft is the higheft franchife of princely plea- is the higheft fare; the next to that is a free chafe ; a chafe in one de- franchife. g^.^^ -^ jl^„ ^^j^,^^ 2s a park. Only a park is inclofed, and a chafe lu^* 301 chafe IS always open ; the next in degree to a free chafe is a park, and next unto a park, is the franchife of a free warren. And a forcft comprehends in it a chafe, park and warren. And for that caufe, the bcafts of chafr, and the beafis and fowls of warren, are privileged with- in a foreft, as well as the bcafts of the forefl are. Alcinw. 52. 15. A perfon may have common in a chafe, as well ^onimon in a as in a forcft j bat a foreft is governed by the foreft ]avv, '^ ^'''"" and a chafe and park by the common law. 4 ////?. 314. Mamu. 52, lu. If I find a pheafant in my lands, and I let my hawk '^''^'p-J^s, m fly, I may follow the flight into another man's land, by *^^"' reafon of the firft property which I had in the pheafant rati one foil ; and if my hawk kill the pheafant in another man's land, I may enter and take it, by reafon of that property and purfuit; and in that cafe, I fliall not be punilhed as a trefpafl'er for taking and carrying away tKe pheafant, but only for entring the ground. But if the pheafant fly into a warren (which is a privileged place for birds of warren) and the hawk kill it there, the fal- coner fliall not have the pheafant, but the owner of the warren. And the law is the fame, in the cafes of all v/ild beafts of the foreft and chafe. Mamv. 389. 17. Notwithftanding the common lav/ allows of the No irefpifs hunting of foxes and badgers, being beafts of prey, in '" 'oii'^>«;inff another man's ground, becaufe the deftroying of them is " '"^ P^"-" looked upon as a public benefit ; yet the digging and breaking the ground to unearth them is held to oe unlaw- ful, and the owner of the ground may maintain an action, of trefpafs in that cafe. Cro. Jac. 321. T. 26 G. 3. Gundry v. Feltham, This was an adiion of trefpafs for breaking the hedges and trampling the grafs of the plaintifr, with horfes, dogs, &c. belonging to Hum- phrey Stiirt, efq. a qualified perfon, and to whom the de- fendant was huntfman, in purfuing a fox. Laivrence for the plaintifFobferved the queftion was, whether a per- fon hunting has a right to follow foxes upon the ground of another ? The qualification of the perfon is entirely out of the queftion. By the general law, no perfon can go over the ground of another v/ichout his permiffion ; and in Sutton V. Moody. L. Raym. 250. Holt faid, " if ^, *' ftarts a hare in the ground of B. and hunts it into " the ground of C. and kills it there, the property is *' in J. the hunter, but A. is liable to an action of *' trefpafs for hunting in the grounds as well of B. as of " 6V' In Gedge v. Minne, "2 Buljlr, 60. it was deter- 2 miasd so 2 (Same mined that the defendant, could not juftify digging for a badger. Gibhs for the defendant, was flopped by the court. L. Mart^f.el.l f;iid, that by all the cafes as far back as //. 8. it is fettled, that a man may folbv/ a fox into the grounds of another. U'illes J. laid, that the cafe in Pcpharriy 162. was much ftronger than the prefent, BuUer]. laid, the queftion in this cafe was, whether the defendant is juftified in following the fox over another man's ground ; it is averred in the plea, that this was the only means of killing the fox. This cafe doe>" not de- termine that a perfon may unneceflarily trample down another man's hedges, or malicioully ride over his grounds ; if he does more than is abfolutely necefi'ary, he cannot juftify it. Judgment for the defendant. Caf. by Dtirnf. and Eajl. 334. Game efcaped 1^' If conies are hunted out of the warren, or deer out o-.;:oftheincio. of the park, and the warrener Or parkcr purlue them, he tare, mav u: re- retake them ; for the park or warren is an eftablifh- guifalt. ment ov the publicic, to look after and prelerve the game ; for all things unoccupied, in which no man hath a civil right, are under the regulation of the pubJick : now ia parks and warrens, officers are eftabiifl^icd by authority, to have an eve over the game, and to keep it within the boundaries ; fo that the property is not altered by driving it out of the inclofures, unlefs it be alfo out of the purfuic of the officers ; for as long as he that is thus trulled doth purfue it, it is not in its natural liberty, but is (till bsloag- ingto the park cr warren. 2 Bac. Air. 613. III. Concerning gamekeepers. Who mav so- !• All lords of manors, cr other rcyahics, not under point a garr.e- the degree of an efquire, may by writing under their "^"' hands and feals (A) authorize one or more gamekeeper or gamekeepers, within their refpedive manors or royalties. 22 ^ 23 C. 1. c. 2$. f. 2. Withr.cwer to 2. And may impower him thereby, upon their own ki!i g'.nse. manors, to kill hare, pheaiant, partridge, or any other game : But if the gamekeeper fha'l, under colour thereof, kill or take the fame for the ufe of the lord, and afterwards fell and difpofe thereof without the lord's confent j and be convicted, on complaint offuch lord, and o;j oath of one witnefs, before one juflice j he Ihili be committed to the houfe of correftion for three mQpths, to be kept to hard labour. 5 ^1. c. J4. f. 4, 3. But 3. But no lord of a manor fliall make above one perfon One gamekeeper to be gamekeeper within any one manor, with power to '" ""'^ "^*"*"' i kill game. And the name of fuch perfon (hall be entred ^j^^^iiil^jj^)." with the clerk of the peace where the manor lies ; the en- clerk of the try to be made and viewed without fee j and a certificate P^**^^" thereof fhall be granted by the clerk of the peace, on pay- ment of one fhilling : And if any other gamekeeper, whofe name is not (o en t red, ivho Jhall not be othcrwife qualified by the laws of this kingdom to kill game, ftiall kill, fell, or expofe to fale any hare, pheafant, partridge, moor, heath game, or groufe J he fhall on convidlion before one juftice, on oath of one witnefs, forfeit for every offence 5 1, hall to the informer, and half to the poor, by diftrefs : for want of diflrefs, to be fent to the houfe of corrediou for three months for the firft offence, and for every other offence four months, g An. c. 25. /. I. Who Jhall not he otherwife qualified'^ From thefe words it feemeth clear, that a gamekeeper who is qualified in his own right to kill game, need not to be entred with the clerk of the peace. 4. But by 55 G. 3. c. 50. Every deputation of a '^'^ 5?'*^" °"* * gamekeeper, {hall be regiffered with the clerk of the peace ftamp. of the county where the manor fhall lie, and fuch game- keeper (hall take out a certificate thereof (B) annually, upon v^hich there fhall be charged a Ifamp duty of 10 s. 6d. /z. And if any fuch gamekeeper, to whom fuch deputation fliall be granted, (hall for 20 days next after the granting; thereof, negle6l or refufe to regifter the fame, and take cut a certificate thereof, as aforefaid, he fhall forfeit 20I. / 9. And in cafe of a new deputation of a gamekeeper, the fame fhall he regiffered with the clerk of the peace, and a certificate thereof taken out in manner as aforefaid ; where- upon the former certificate fhall be void, and the perfon a(fting under the fame after notice to him given of fuch new certificate, (liail be liable to the penalties prefcribed by this a'ft, in the fame manner as if no certificate had been granted to him. /. 14. And no fuch deputation and certificate (hall authorize Not to cxtena any fuch gamekeeper to take or deftroy eame out of the b-vondthe limits of the manor for which fuch deputation was givtn. 5. And moreover, by the 3 G. c 11. it is further en- fg,y_j„j oi iht afted, that no lord of a manor fhall make any perfon to be l )rd, or imme- agame duidy employ- ° cu t«t him. J 04. (Bmit. a gamekeeper with power to kill game, unlefs fuch perfon be qualified by the laws of this realm To to do; or unlefs fuch perfon be truly and properly a fervant to the faid lord ; or be immediately employed and appointed to take and kill the game for the folc ufe of the faid lord, and not otherwife : And if any perfon, not being qualified by the laws fo to do, or not being truly and properly a fervant of any lord of a manor, or not immediately employed and appointed to take and kill the game for the fole ufe or immediate benefit . of the faid lord, fliall under colour or pretence of any power or authority, deputation or qualification to him granted by any lord of a manor, take and kill any hare, pheafant, partridge, or other game whatfoever; or fhall keep or ufe any greyhounds, fctting dogs, hays, lurchers, guns, tunnels, or any other engine to kill and deftroy the game; he fliall forfeit 5I in like manner, f. i. Carnekee-er's 6. The gamekespcT (fo authorifed) may fearch for dogs [iwcvcrtjiearch. and engines, and feize the fame for the ufe of the lord, or deftroy them, 22 & 23 C. 2. c. 25. / 2. But it hath been adjudged, that an authority from the lord of the manor is not of itfelf fufHcient for this purpofe, but that he ought to have a warrant from a juflice of the peace. Comb. 183, Carpenter Tiiud Adams. At leafl: it may be fafe to have fuch warrant, efpccially if any houfes are to be entrcd and fearched. For it would give too great a power to the gamekeepers, to leave it in their difcretioa to fearch what places they ihall think proper, as alfo to conftitiite them the judges whether fuch or fuch a perfon is or is not qualified to kill game. Therefore it is befl to have a warrant from a juftice of the peace, after information and oath of the of- fence firfl made. Whether he may 7' M.c^G.^- P^ogevi znd Carter. The plaintiff /?^jt'ri c:irry 3 gun out brought an action againft the defendant being a juftice of o: tbe ni.iR;n. Thus by the ftatute of the 5 Jn. hereafter fol- lowing, if a perfon not having icol a year fhal! keep dogs or engines to dcrftroy tiie game, ho fnal! forfeit 5I.; Vol, IL ' 1' ^'^i'- 3o6 iBt-imt' but if fuch perfon have not 40s a year, he may upon the itatute of R. 2. be puniflied by a year's impriConment ;. and ("0 of the rert : Provided that no perfon be proftcuted upon more than one acl for one offence. 40 s sycar. j. The hr{l qualification relating to the game, was in the 13th year of the reign of R. 2. by which it is enaded,. that no layman which hath not lands or tenements of 40 s a year, nor clergyman if he be not advanced to 10 1 a year, fhall have or keep any greyhound, hound, nor other dog to hunt ; nor fliall ufe fyrets, hays, nets, hare- pipe?, nor cords, nor other engines for to take or deftroy hares, nor conies, nor other gentlemens game : on pain of a year's imprifonment. And the juftices of the peace (that is, in their feflions) fhail inquire of the offenders iji this behalf, and punifli them by the pain aforefaid. 13 R. 2. Jl- I. c. 13. 16 G. 3. c. 30. rol. a year, 7- The next qualification by eftate or degree to kill game, was by a flatute in the i J. whereby it is enacted that every perfon v.'ho fiiall keep any greyhound for courf- ing of deer or hare, or fetting dog or net to take phea- fants or partridges (except he be feifed, in his own right or the right of his'wife, of lol a year eftate of inherit- ance, or 30 I a year of a lives eftate, or goods to the va- lue of 200 1, or bs the fon of a knight or lord, or the fon and heir apparent of an efquire) and be thereof convicted, by confelTion, ©r oath of two witnefles, before tv/o juf - tices, he (hall be committed to gaol three months, unlefs upon convrdion he pay 20 s to the churchwardens for the ufe of the poor, or after one month after his commitment he become bound by recbgnizance with two fureties before twojuftices, in 20 1 a piece, not to ofiend again in like manner, i y. c. 27. f. 3. 4cl. ay;ar. 2. The next qualification relates to deer and conies only, in the 3 y. c, 13. by which it is enacfed, that if any perfon not having hereditaments of 40 1 a year, or not worth in goods 2C0I, (hall ufe any gun or bow to kill any deer or conies ; or fliall keep any buckftall, nets, or coney dogs (except he have grounds inclofcd, and ufed for the keeping of deer or conies, the increafing of which faid conies (hall amount to the value of 40 s a year ; or keepers or warrencrs in their parks, warrens, or grounds) ; in fuch cafe aiiy perfon having lands or hereditaments of 100 1 a year in fee, or for life, in his own right or the ^ light of his wife, may take from fuch perfon to his ov/n u'i^ for ever fuch guns, bows, buckftalls, riets, and coney dogs. 3 7- -13-/ 5- A. 1 he 4. The next qualification relates to pheafants and par- 40 1, a year, Iridges only, and is as follows : Every free warrener, lord of a manor, or freeholder feifed in his own or his v/ife's right, of 40 1 a year of inheritance, or lives eftate of 80 1, or worth in goods 400 I, may take pheafants and par- tridges (in the day time only) in his own free warren, manor, or freehold, betwixt Michaelmas and Chrijimas yearly, yy.cii./.y.^ 5. The laft general qualification by eftate or degree to lool, kill game, and which is now moft to be regarded, is in 22 iff 23 C. 2. C: 25. by which it is enadied, that evejy per/on, not having lands and tenements^ or feme other eftate of inheritance^ in his own or his wife's right, of the clear yearly I'abie of\QQ\ per annum, or fsr term of lije, or having lenfe or leafes of 99 years, or for any longer term, of the clear, yearly value of 1 50 1, (other than the fon and heir apparent cf an efquire, or other perfon of higher degree, and the owners and keepers offorefls, parks, chafes, or warrens, being flocked with deer or conies for their neceffary ufe, in refped of the faid forefis, parks, chafes or warrens) is hereby declared to be a pefon by the laws of this realm, not allowed to have or keep for himfelf or a7iy other perfon, any guris, boivs, grey- hounds, fetting dogs, ferretSy coney dogs, lurchers, hays, nets, lowbels, harepipes, gins, fnares, or other engines for the tak- ing and killing of game, f. 3. Of the clear yearly value of iOo\ per annum] M. 22 G. 3. Wethrell and Hall. On an action of debt againft the defendant, for the penalty of 5 1 for ufing a certiin engine called a gun to kill and deftroy the game, not being qualified by the laws of this realm fo to do, the caufe came on to be tried at Durham afHzes 1782, when the jury found a verdiclfor the plaintiff, fubjeft to the opinion of the court of king's bench, on the following cafe. The defendant Hall, having an eftate of 103I a year, mortgaged a part of it, of the value of 14 1 a year, to Robert Kelfy, for 4C0I ; which part being copyhold, he furrendered the fame, according to the cuftom of the manor, to the faid Robert Kelfey, who thereupon was admitted tenant. But Kelfey never entred upon the premifles. Hall continuing in pofieffion, and paying intereft of the mortgage regular- ly. The queftion for the opinion of the court was, whether the defendant was duly qualified to ufe engines to kill and deftroy the game. The counfel for the plaintiff made two points; Firft, that a legal eftate is neceffary to conftitute a qualification, and that an equitohle U 2 eftate 3o8 mmt. eilatc (fuch as is that of a mortgage) cannot be takc.i notice of in the conflniction of an a6l of parliament in a court of law. Secontlly ; If an equitable eftate is fuf- ficiciit to conllitutc a qualification, then that the defendant had not a fufficient eftate in point o^ .annual valm. In endeavouring to fupport the fit^ft point the counfcl was flopped by lord Mansfield, who afked if he had no belter ground to go upon ? As to the fecoiad point, the counfel contended, that the~objecl of the IcgiHature was, that perfons inritled to kill game fhould have fuch a clear income arifnig out of Irdids, as would enable him to live upon it in an independent manner ; that the legiflature had drawn the line, and made icol a year the meaCute of that independence. And feveral cafes v^ere put, with ^ view to prove, that the net income, and not the grofs Vi'ue of the eftate, was intended to coniiitute the quali- fication. For the defendant it was argued, that a mortgage is to be coniidered as a fpecialty debt only, and the intercfl: of the mortgagee therein merely as a debt, and not a charge iiluing out of the eftate : That the legif- lature meant to ad'/crt only to the value of the eftate, and not to the quantum of intereft which any perfon has in it, provided he is in pofteflion of fuch eftate as his own : That the penalties under the game laws are recoverable in a fumniary way, and it cannot be fuppofed that the legifla- ture meant to give jufticesof the peace power of inquiring into all the debts which may aftedi the eftate : That the fiatutes of I J. c. I'j, and y J. c 1 1. after defcribing the eftate requifite for a qualification under thofe acis, add the words over and above all charges and reprizes^ which are omitted in this prefent ftatute : That the legiflature meant fomething which is ftricily ifTuing out of the eftate, and not a collateral charge : That a mortgagor in poft'effioa is always permitted to vote for knights or the ftiire, with- out any regard to the mortgagee in whom the legal title may be veftcd. By lord Mansfield (without v.'aiting for a reply): V\e conftder the defendant's intereft in this court, juft as it would be confidered in a court of equity ; namely, as an intereft fubje^l to the payment of the mortgage money. It is a qualification of property ; and the perion muft have a property in the land to the value Of lool a year; but it is not neceftary that he fliouid have a legal eftate. Juft fo it is with refpecl to knights of the ftiirc ; if ihe voter can fvvear that he has 40 s a year ariiing out of tlie land, it is no matter in whom the legal eftate is. There is nothing in the caf?.— — Jl'llJes and I * Afrhurji^ dPame. 309 >^7;/;«r/?, juflices, of the fame opinion. — 5r///fr juftlce :. J^ am of the fanrie opinion. Tlie'two ftatutes of king Jamts ftrengthen the plaintifPs cafe; becaufe, as all the ilatutes upon the fame fu'ojecl are to be confidered as one fyftein oflaw, the words in thele twoftatutes mud be transferred to the ftatute in qucftion. And judgment was givea for the plaintiff. M. S. Or for term of life] It hath been doubted upon thefe words, in what order of qualification an eccieriaftical living fhall be ranked, which a man holds not in his own or his wife's right, but in the right of his church. It is allowed to be a life's eftate, altho' it may happen to be determined fooner, as by refignation, deprivation, or ac- cepting another living incompatible. But the queftion is, whether thefe words fiiall belong to the former or the latter part of the fentence. The difficulty feems to be partly occafioned by the disjointed manner of pun61ua- tion. But the points are no part of the ftatute. 'J'he ftatutes themfelves are without points : the punctuation is only made by the printer. Abftra£led from the punc- tuation, It fhould feem that the former part of the fcr.tcnce, xelpes?i:ng the qualification of lOO 1. a year by an eftate of inheritance, ought to terminate with the words per annum. And that a life eftate, being of inferior quality, ou^ht to be coupled with leafehold, whereof 150I a year is necef- fary to conftitutea qualification. Other than the fan and heir apparent of an efquirel Ef- quire ejciiyer^ fcuiarius, called by the Saxons Jchilt knahen or knapen (from whence cometh the word knaves which anciently fignified a fervant), is a name of dignity, next above the common title of gentleman, and below a knight. Heretofore he was attendant, and had employment as a fervant, waiting on fuch as had the order of knight- hood, bearing their fnclds^ and helping them to horfe, or fach like. And this title is of that nature with us now, that to whomfoever either by blood, or place in the ftate, or other eminency, we conceive fomc higher attribute fhould be given than that fole title of gentleman, knowing yet tiiat he hath no other hono- rary title legally fixed on him, we ufually ftile him an efquire, in fuch paffages as require legally that his degree or ftate be mentioned. Seld. Tit. of Hon. 374, 462, 687. Or other perfon of higher degree^ In the or-Jer of prece- dence, the heralds, next below knights and their fons, U 3 and 3TO arid above cfquires, rank (i) colonels, (2) ferjeants ui law, and (3) doiSors in the three learned profeflions. 1 BlaikJ}. 405. Ai. 26 G. 3. Jones v. Smart. This was an a6lion to recover a penalty for killing game, by 5 6: 9 Jn. not bcln^ duly qual'ifieil. The queflion was whether a diplcnna from St. Andrews in Scothvid appointing the defendant do£ior of phyf.Cy gave him a qualification under 22 Sc 23 C. 2. c. 25* to kill game. Cctijh., for the plaintiff argued, that fapt pofinf^ him to have the fame rank as a do£tor of the Engiijh. univerfities, vet he is not fuch a character as was n^.eant to be qualified by the flat, of C. 2, The qualification claimed muft be derived from conftruing the word?, or other per [on of higher degree in the nominative cafe, and fuppofing that every perfon of higher degree than an cfquire is thereby qualified ; that this is not the true conftrucrion of the ilac. is clear by the cafe of ^. v. Utley 24 Cr. 3. And fuppofing the doctors of the two EngUjh un:verfities have the right contended for by the prefent de- fendant (which is a very doubtful matter) yet this diplo- ma does not confer fuch a right. There is no inftance ia which foreign diplomas and degrees have been acknow- ledged here, and there is a great difference between de- grees acquired by long labour and refidence ; and one beftowed in a fummary manner, 8 Rep. 114. Dr. Bon-r ham's cafe. And by the union, it does not follow that psrfons having t ken 5ta/f/; degrees, are to be endowed v.'ith all the privileges of Englijh degrees. Dr. Gilbert having taken his degree of D.D. in Scotland^ wilhed to preach at Oxford in his proper habit as dodlor, but was not allowed : And Dr. Pitcaim accepted a degree at our univerfities, altho' he had before taken the fame degree in Sectlaud. Erjilne in reply made three quefiionSj ifh Whether on the conftru^lion of 22 & 23 C 2. every perfon as a member of the civil itate who is an efquire or fuperior in rank, may not kill game ? 2dly, Whether a doctor of phyfic who has taken his degree in England hQ not fuch perfon ? 3dly, Whether a Scotch diploma does not confer the fame privileges ? As to the firft, the lan- guage of the flat, is very ftrong 5 the word *' other" muff: be confidered as the nominative and not as the genitive cafe, both in reafon and grammatical conftruction : It is clear the Itat. did not mean to confine the qualification altogether to landed property, by extending it to the foti and heir apparent of an efquire, who is fuppcfed to have no landed 311 landed property of his own. The efqidrcs alfo who are pnurnerated by Camden are pcrfons who have no land : From 8 R^p- 1 1 8. we maycolleiSl, that where a ftat. will bear two interpretations, one contrary to fenfe, the other agreeable to it, the latter (hall prevail: Here it was evidently the intention of the legiflature, that pcrfons of higher degree than an efquire {hould be qualified, for if the oppofite conftru6tion vi^as to prevail, a perfon would have a derivative title, when the perfon from wbom fuch title derived would have none, and this very defendant's fon will derive a right from his father's diploma, which it is contended the father himfelf has not. 2dly, As to the queftion whether an EngUjh doctor be of fuperior de- gree to an efquire, Blackjlone x^vk.'s. do£lors above efquires, and fo do the Heralds^ but this relates only to Engl'ijh degrees ; Then 3dly, does a Scolch diploma confer the •fame right \ A Scotch doftor is of equal rank, as an Eng- lijh one as a member of the civil ftate : And the 4th ar- ticle of the act of union fays there fiall be a comnmnication of all rights^ &c. except where exprefsly agreed to the contrary : As to the college of phyficians and the univer- sities refufing to allow Scotch do^^ors their own privileges ivithin their own jurifdi£tions, they as private corporations may make what regulations they pieafe concerning thei-r own bodies ; but as to all general immunities derived from the common law, or under the a6l of union, they cannot deprive any body of thefe.^ The court took time to ^ronfider, hut Ld. Mansfield ih^n faid, that as to the latter ground he had no doubt, that all privileges granted by the Statutes to the univerfities, were confined to our own, and did not extend to Scotland or other foreign univerfi- ties, which were governed by their own particular lavvS and cu-ftoms : But that the general queftion upon the con- f}:ru6lion of the ftat. of C. 2. fhould not pafs undecided. — Afterwards the court delivered their opinions feriatirn. L. Mansfield, This is an adlion brought by the plaintiff- againft the defendant for ufing a gun for the purpofe of killing game not being duly qualified. The cafe ftates tiiat the defendant refted his jultification upon a diploma from St. Andrevjs in -Sr^^/Z^W conferring on him the degree of dodlar of phyuc. Two objections have been raifed ; Firft, that under this diploma, the defendant had the fame rights and privileges conferred upon him as are acquired by a degree beftowed by the EngllJ]} univerfities. 2diy, That do(5iors in the learned profefTions are of higher degree than an efquire, and therefore by 22 & 23 C. 2. are U 4, exempted o J 2 (Dame. exempted from the penalties of the game laws. The ftati" of 22 & 23 C. 2. has thefe words, " other than the fon and heir upparetit of an cfqu'iJ^^ or other perfon of higher degree.** For the defendant it has been contended, that ether perfon of higher degree xe\zits to the efquire himfelf, and means that a perfon of higher degree than an efquire is qualified; whereas on the other fide it is contended, that it means " other than the fon and heir apparent of an ef- quire., or the fon of any other perfon cf higher degree.''* To be fure, abfurd confequences may feem to follow from giving a privilege to the fon, which the father has not; but the queftion is, has the flatute done it or net ? I wifu to have the general point determined becaufe of the con- fequences : This court confidered the point before in K, V. TJlley^ and there they held that the ftatute meant the fens of other perfons of higher degree : On full confideratioa I am not rijje to vary from the opinion given in (hat judg- ment, all the precedents are fo, Burn's precedents give the fame conftru^ion ; but whatftruck me moft was this, the drawer cf the (late of C. 2. certainly had the former ftat. of 'Jac. r. in his view, for tho' it does rot follow the other ftat. thrcughour, 3'et it does in that chufe, and that does not admit cf a doubt, for there the word " of" is exprefsly inferted : I cannot therefore unneceflarily vary from the decificn that has been given ; I fay unneceffarily^ becaufe I am fatisfted on the other ground of the opinion 1 delivered the ether day : on that ground there is not a color for faying that the defendant is qualified by the ail of union ; it is true, that by the 4th article of that act, the Scotch have the fame general privileges as the Englijl)^ but then they muft have the fame qualifications, other- wife they come not within the fame defcription, for the general article which declares, there fhall be a communica- tion of all privileges, can only mean fuch as are of a ge- neral nature : A burgefs of London is endued with certain privileges, to which aburgefs o^ Edinburgh has no claim j lb in every cafe where a privilege is of a qualified nature, it muft be underfiood with that qualification ; a dodor of the EngVf) univerfiiies may become a member of the col- lege of phyficians, may plead in Doctors Commons, and has various other privileges from which a Scotch dodor, as furh, is excluded ; the qualification therefore muft be irom Oxford ox Cambridge. Jn like manner, the ftat. al« lowing men of certain degrees to have certain difpenfa- tions tor holding two livings, neceiTarijy refer to Inch de- grees only as are obtained in an Eyglif) univerfity, for ths (I5anie. 313 the church o? Scotland is diftin^l from ours, and admits not of the fame rules ; therefore whatever rank the defendant may hold by courtcfy, he is not in point of law to be confidered as a do6tor to this purpofe. IVilles J. It is my misfortune to differ from the reft of the court on the conftru'Rion of the ftat, of C. i. The cafe of the K. Si. Utley came before us on a motion to quafh a convic- tion on account of the word " of" being inferted before the words, '* other perfons of higher degree," I find by looking at my own paper book that the cafe was but flightly argued, and the court principally relied upon the ground of all the precedents having been in that form ; I adopted that opinion at that time, but I now retrain my aflent to that determination for three rcafons : jft, The game laws arc already fufficiently oppreffive, and there- fore ought not to be extended by implication j 2dly, Be- caufe I think that in grammatical conftruilion and pro- priety the words ** other perfons" muft be taken to be in the $iominat'ive and not in the genitive cafe j 3dly, Be- caufe a different conftruilion is unnatural and unreafon- able, and muft be produ6tive of endlefs inconvenience and abfurdity. T'irft, nothing can be moreoppreflive than the prefent fyftem of the game laws j we are told they arofe from the old foreft laws which reftrained the right of killing game to much narrower limits ; and hence that thefe new regulations encroach on no privileges to which we were before entitled ; but on the contrary are mild when compared with the fources from whence they fiow. Blackfione however, in 2d, book of his commen- taries c. 27. holds a different language : And wherever a law is productive of tyranny, I fhall ever give my con- fent to narrow the conftruiflion. 2dly, According to grammatical conftrudtion, I think the words ^^ other per^ fons of higher degree" muft be taken in the nojuinative cafe, for want of the word " of" and I am the more con- firmed in ihat opinion, for where the legiflature meant i\\c genitive c2l(q. they have exprefsly inferted the word " of^* as in I Jac. i. c. 27. and 9 An. c. 5. which relates to qualifi- cations to fit in parliament. But 3dly, what I moft rely on, are the many abfurdities which muft flow from a diffe- rent interpretation, the eldeft fon of a barrifter at law, or of a captain in the army or navy will be qualified as fuch, and yet the father himfelf will not: even a peer who is not qualified by property, v/ill not be privileged to kill game, tho' his fon who claims through him will : the ^£1 could never mean to annex the qualification to land pnl/, 3 1 4 ^fixnt only, for no landed eftate however large will confer the title, but it muft be acquired either by office, the king's patent, or fome of the means laid down by Selden and Caindcn. A lord of a manor is certainly not an efquire by virtue of his manor or royalty, tho' in common ac- ceptation he i« confidered as fuch j this is evident from the 2d fee. of 22 & 23 C. 2- c. 25. which empowers lords o'i manors or other royalties, 7iot under the degree of an cfqu'irc to appoint game keepers, but no lord of a manor under tliat rank can make fuch an appointment, whatever his eftate may be. On the other hand, was ever an efquire fince the paffing of this a6l, convided on it ? IF no fuch inftance can be produced, that fliews the general fenfe of the nation as to this acV, and is a much more powerful argument, and has greater weight with me, than any faulty precedept in Burn: From the preambles of the Jtatoces on this fubjecl:, it is plain they are cliiefly pointed againlt perfons of low degree, to prevent mechanics frcni leaving their employments to deftroy the game, to the prejudice of n(>blemcn, gentlemen, lords of manors, and others^ ; For thofe reafons I think gentlemen of this de- fcripiion ought not to be deprived of their amufements, and this is my opinion on the general import of the act, how far it may afFecl the prefent queftion is another matter. As to the 2d poinr. If an efquire as fiuh is qualified, I am likewife of opinion that doSicrs arc fo ; to this it is ob- iefled, that at al- events, a perfon who has not taken his de'i^ree in England is not to be confidered in the light of a perfon qualified by the fame means as thofe are ; but this obje:lion is in my mind done away by the 4th article of the union, which enadls, *' that there fiiall be a comrnanication of all privileges, except where it is exprefsiy provided • ■ the contrary:" As to their being excluded by the college of phyficians, ths.t is merely the refult of a local inftitution : However, as the reft of the (;'ourt are againft m-' on the lirft point, I ihall give no further opinion upon this. J/hhurJi J. 1 fee no reafon to depart ::om the c^nftruclion which has been put upon t^^e flat 11 & 23 C. 2. oy this court in the cafe of K. tz XJdey. 'I'fie game laws are to be confidered as pofitive rules, ratner than as founded on reafon ; there- fore it is fafer to adopt what they have aclually faid, than to fuppofe what they meant to fay: Though by the liat. of fac. I. rank as v.-cll as property gave a qualification ; yet under this ftat. of C. 2. a man can only be qualified by means of property 5 but faid the legiflaturc, the heir ap- 2 ' " parent. 315 Jjarent, who Is in the line of fuccefiion, {hall like- wiie be qualified, from a fuppofitlon that the efquire was fo already : according to which conllru£l:ion 1 cannot think that it was in their intention purpofely to exclude the father, but in fa6t they have done it ; and the matter is put out pf all doubt by the ftat. oijames which exprefsly excludes them, and (o does the ftat. of C. 2. as effectually in my opinion ; the blunder has been adopted perhaps without meaning it ; this appears to me from the word- ing of the claufe, for it fhould feem ftrange that in fix- ing the qualifications, they fhould begin with property, then go to a derivative qualification, and then return to a very large defcription of original ones, namely quality and degree. In a grammatical fenfe alfo, it muft be taken to be in the genitive cafe in the fame manner as if the word '•'■of'^ had been actually inferted. I fee no rea- fon to depart from the conftrudion put upon the ftat, C. 2. in A', &c Utley as founded on the precedent in Burn; nor can any inconvenience refult from it, for the legifla- ture may hereafter extend the qualification if they think proper. It is not neceffary to fay any thing upon the other head, if it were, I ftiould agree vviih my lord. ■ Biiller J. the cafe of the K. h Utley did not pafs with fo little argument as my brother Willes fuppofes, fjr I re- member it was argued very fully, and the grounds of our dccifion were, ift, the conftant form of convi6lions oa the game laws, which ought to have great weight with the court. 2dly, From a compajifon of the feveral a£ls relating to game. But notwichftanding that decifion, if I favi^ any realon to alter the opinion which 1 then gave, I would be ready to do it and correct my miftakej but upon fiill confideration, in my opinion that judgment was right: ift. Taking this claufe of C 2. in a grammatical fenfe, had the exception extended no farther than to *' other perfons of higher degree "' ftill I fhould have thought that the word *' of" was intended, and that the word ^'' other" was to be underftood in i\\Q genitive czi'c ; but I am confirmed in my opinion by the manner in which the claufe proceeds, for the words immediately following are, and the owners and keepers offorefh, parks^ chafes, and war- rens ; now had the preceding part of the fentence or other perjons of higher degree been intended to have been taken in the nominative cafe, why did the legiflature alter the mode of expreilion f For when they fpeak of other per- fons to be exempted in their own right ; they change the ivords. Again it is alkedj what reafon is there for ex- cepting 3i6 (Bamt. ccpting the cidcft Ton alone, and not the younger ? The only realbn that can be given is, becaufe he is the pre- fumptive heir to the real eftate, which is a further argu- ment tor fuppofing that landed qualification was the im- meciiatc object of the flat, and in hct this act of C. 2. had that principally in view, for it repeals the perfonal qualification of the ftat. o'i James, and haves no other but that of land, with the exception in favour of the' heir apparent, on account of his right of fucceffion. And we mav obferve, that there is the fame exception intro- duced into the aiflof qualifications of memoers of parlia- ment. I have no doubt that the legifiature took it for granted, that efquires themfelves would be qualified in refpect of their land, and for the reafons ai'figned,. ex- tended the qualification to their cldei'l fons. So that had the legillature been allied at the time of making this a£t whether they intended to exclude the younger fons of dukes? they would have anfwered -no; but I am as firmly perfuaded, that had the fame queftion been put to them refpecting dociors, they v/ould have anfwered in the affir- mative: Be that as it may, we are bound to take the aft as they have made it; a cajus omijfus can in no cafe be lupplied by a court of law, for that would be to make laws ; nor can I conceive that it is our province tocon- lider whether fuch a law that has been pafied is tyranni- cal or not ; It has been faid that this adl is only pointed againft perfons of lov/ degree, as appears from the pre- amble, to confider the preamble of an act is to be fure in general a good mode to come .at the meaning of the iegiflature, but it does not aifift us in this cafe, for we gather from the enacting part of the ftat. that a perfon who has a freehold of 99 1. per an. or a leafehold for 99 years of 14.9 /. per ar.n. is not qualified, but can it be laid that either of thefe is a mean or vulgar perfon? Thus far we have been confidering the ftat. of C. 2. alone, but now confider it as coupled with the former ftatutes which^ are in par'ia matiria. In the ftat. of James, the fame Vfords other per/ons of higher degree are ufed, and there it is clear they are ufed as part of the defcription of the fons, for the particle *' of" is exprefsly prefixed ; now it the ftat. of C. 2. is any ways doubtful we muft ex- pound it by the ftat. of James, and that is confined to fons alone. But the ftrong ground of all is, that alt the acts relative to game have been from time to time reftric- tive of the right to kill game ; they abolifti fome quali-, fications and raife the otb.ers, and confequently leften the number of qualified perfons, and no one ftatute can be con- tonftrued into an enabling one; this Is decifive. There is not a pretence to fay that a defter of phyfick is withia the exception of the ft&tute of James -^ then if he is not within that ftatute, how can he be faid to be qualified under the ftatute of C. 2. which is a reftraining one, and gives no new qualification whatever ? As to the other queftion, whether a doftor of phylick of the defendant's defcription is qualified, I think he is not on another ground, but on this head I refer generally to what my lord has faid. Judgment for the plaintiff. Caf, by Durnf. Iff Eaft, 44. But by 25 G. 3. f. 50. Every perfon who Ihall ufe any Ceifificateto J)^ dog, gun, net, or other engine for the taking or deflruc- ^'''^"°"'* tion of game, (not afting as a gamekeeper) {hall previoufly deliver in a paper or account in writing, containing his . name and place of abode, to the clerk of the peace of the county where he fliall refide, and annually take out a cer- tificate thereof (B) upon which fhall be charged a ftamp duty of 2I. 2 s. /• 2. And every fuch clerk of the peace, on the delivery of fuch paper or account as aforefaid, ihall thereupon ilTue fuch certificate flamped as before direfted, and the fame fliall bear date on the day on which it is iffued, and fhali continue in force until the ift day of yuly next follov/ing the date thereof, and no longer ; for v/hich fuch clerk cf the peace, previous to the delivery thereof, ihall be en- titled to I s. for his trouble. And if he fhal] ilTue any certificate otherwife than as above fct forth, or ihall ne- gle£l or refufe to deliver a certificate properly ilamped in manner as aforefaid, he ihall forfeit 20 1, and moreover ihall be liable to pay the duty on fuch certificate, f. And if any perfon iliall ufe any greyhound, hound, Or. t ^ pointer, fetting dog, fpaniel, or other dog, or any gun,"' ■ net, or other engine, for the taking or deflruftion of any hare, pheafant, partridge, heath fowl, commonly called black ga?n£^ or grov/fe commonly called red gamc^ox anv other game whatfoever, without having obtained fuch certificate, he ihall forfeit 20/. / 8- And to prevent the evading the payment of the fair, duties, and to facilitate the detection cf offenders, it is. enacted, that if any perfon fhall be found ufing any dog, gun, net, or other engine, for the taking or deltruition of game, by any other perfon, who hath obtained fucli certificate as aforefaid, it ihall be lawful for fuch perfon producing fuch certificate, to demand and •require from the perfon fo ufing fuch dog, gun, net, or other engine, to produce and fliev/ a certi- ficate 3iS fcdte ifftjed to him for that p'urpofe ; and every fuch per* Ton rhall upon fuch denianH produce Tuch certificate to the pcrfou fo demanding the fame, and permit the fame to be infpected accordingly: and if any fuch perfon fliall wil- fully refufe to produce and fiiew a certificate iP/ued to him for that purpofe, or not having produced and fhewn fuch certificate, fhall refufe, on demand thereof, to give in his chrirtiaii and furname, and the place of his rsfidencc, or fliall give in a falfe or fictitious name or place of refi- dencc, he fhall forfeit 50 1. /• 1$* ■Cm'ifi-stes not Provided neverthelefs that fuch certificate, (hall not to authorise authorize any perfon to ufe any greyhound, hound, pointer j killing C.1ITK? at fettijip- dog, fpauiel, or other dog, nor any eun, net, or unLiwful times, ^, " P' V ^i' , ■ j n. n.- c norby unquaii- o'"'^'' ^"S"^^> '^"^ ^"^ taking or deitruCtion of game, at fied perfons. any time, or in any manner prohibited by law, nor fliall give to any perfon any right to ufe any greyhound, hound, pointer, fetting dog, fpaniel, or other dog, nor any gun, net, or other engine for the taking or deflruclion of game, unlefs fuch perfon fliall be duly qualified, under and by virtue of the laws now in being, made for the preferva* tion of the game, but he fhall remain liable to the penal-, ties in all or any of the faid laws contained, in the fame manner as if this a£t had not been made. f. 16. L'lflt of certili- And the clerks of the peace Ihall on or before the firft catestobe day of Auguji in each year, whenever they fhall be there- tranfmitted an- jjpjg j.£qyjj.gj by the commiiuoners of the flamp duties, ^* make out and tranfmit to the head ofHce of {lamps, corredl lif^s in alphabetical order, of the certificates fo ilTued by them, diilinguifhing the duties paid on each refpective certificate; for which they fnall have one halfpenny for each name; and in Ch^o: any clerk of the peace fliall ne- glctffc or refufe to make out fuch lift, or fliall not infert therein, a full, true, and perfect account, of all the per- fons the fame ought to contain, then and in every fuch cafe he fhall forfeit 20/. /. 11. LIfismaybe in- And the faid lifls fhall be kept at the faid offi:-e, and may fpeaed, and to within the office hours, be infpeifled by any perfon on pay- be inferted m a ^nent of IS. — and the faid commifTioners fliall once or newfpaper. . . , ortener m every year, as foon as conveniently may be after fuch lifts have been fo tranfmitted, caufe the fame to be inferted in the newfpapers circulating in each re- fpeiflive county, or in fuch publick newfpapers as to them fliall feem mofl proper. /. 12, 13. Cities &c. be- Perfons refiding in cities and towns which are counties jng counties of of thcmfclves, and have no clerks of the peace, are to them(eives. apply to the clerks of the peace of any adjoining county, who 1 Cbanie* 319 who are to proceed In the fame manner as if fuch perfon refided in the county of fuch clerk of the peace. /. 18. All penalties and forfeitures by this a6l impofed, may be Penalties how fued for and recovered in the courts at Weftm'injler^ to the '^'J bi recovered; life of the plaintiff if he (liall recover the fame, with cofls of fuits. But where the penalty doth not exceed 20 1. the fame may be recovered before one juftice, who is re- quired upon complaint (C) to fummon the party accufed (D) andalfo the witnefles on either fide, and upon ap- pearance of the party accufed, or in default thereof, (fuch fummons being duly proved) to proceed to hear and de- termine the matter in a funimary wav; and upon due proof made thereof, either by the voluntary confeflica of the party, or by the oath of one witnefs, to give judgment therein (E) and to ilTue his warrant (F) for le- vying the penalty by dillrefs (to.be applied half to the king, and half to the perfon who fliall mform and profe- cute for the fame if within fix months after the ofFence is committed, but '\i after fix months, the whole fhali go to the king, 26 (?. 3. c. 82./ 2, 3, 7 ) and where (ufH- cient diftrefs cannot be found, to vo.nmit (G) fuch of- fender to tlie common gaol, or houfe of correction, for three months, (26 G. 3, c. 82. / 7.) unlefs fuch penalty fliall be fooner paid. f. 11. And any perfon who Ihall find himfelf aggrieved, may Appeal, upon giving fecurity to the amount of fuch penalty, to- gether with fuch cofts as fliall be awarded, in cafe fuch judgment fliall be affirmed, appeal to the next feffions, who are to hear and finally determine the fame; and in cafe the judgment of fuch juftice fliall be affirmed, they may award fuch cofls as to them fliall feem meet. / 21, 22. WitnefTes who fliall not appear after having been duly WltneiTes. fummoned, without a reafonable excufe to be allowed by fuch juftice, fliall forfeit 10/. to be recovered in like manner as aforefaid. f. 25. Provided neverthelefs, that fuch juftice may where he Penalties ma-y fliall fee caufe, mitigate any fuch penalties, as he fliall '^= '""^'2*'='^" think fir, not exceeding one moiety thereof, over and above the cofts and charges ; and no fuch convidlion fliall be removeable by certiorari into any court whatfoever. 6. ^nd the gamekeeper^ or any other perfon (atithonzerJ ly Se.^rMn^ for warrant (H) of a jujiice of the peace) may in the day time '^''.^^'^'^^'^^• fearch the houjes^ outhoufes^ or other places of any fuch perfon ^ prohibited hy this aH to keep or ift the famcy as upon good ground 3 20 (I5ame. ground frjall he fufpecltd to have or keep in l/ts ciiflodj any guns j hows, greyhounds^ fetting dogs, ferrets^ coney dogs, or other dogs to dcfiroy hares or conies, hays, tramcls, or other nets, lowhels, harepipes, f)iares^ or other engines aforefaid, and the fame tofeize, and keep, for the ufe of the lord of the manor, or other xuife to cut in pieces or dsjiroy, 22 & 23 C. 2. c. 25. f. 2. 50 s penalty for 7. And if any Unqualified perfon fhall have, keep, or keeping dogs yfg aj^y bows, greyhouods, fetting dogs, ferrets, coney acd engines. Jogs, liays, lurchers, nets, tunnels, lowbels, harepipes, fnares, or any other inftruments for deftru£lion cf fifh, fowl, or other game ; and fiiall not give a good account before ajuftice, tothe fatisfa6tion of fuch juftice how he came by the fame, or elfe fhall not in fome convenient time (to be fet by fuch juftice) produce the party of whom he bought the fame, or fome other credible perfon to de- pofe upon oath fuch fale thereof; he fiiall forfeit for every offence not under 5 s, nor above 20 s, half to the in- former, and half to the poor, by diftrefs ; for want of diftrefs, to be committed to the houfe of corredion, not more than one month, nor lefs than ten days, there to be whipt and kept to hard labour. And if any perfon fo produced or charged with the faid ofFence, {hall not be- fore the juftice give fuch evidence of his innocence as aforefaid, he ftiall be convicted thereof in the fame man- ner as the perfon lirft charged therewith, and fo from perfon to perfon till the firft oft'ender be difcovered. 4 i^ 5 TF. c. 23. / 3. And all lords of manors or their gamekeepers may within their manors oppofe and refift fuch offender, in the night time, in the fame manner as if the fa£t had been committed in any ancient chafe, park, or warren in- ciofed. /. 4. And no certiorari fliall be allowed to remove any con- viiSlion, unle's the party firft become bound to the profe- cutor in 5c 1, vi'ith fuch fufficicnt fureties as the juftice • Ihall think fit, to pay within a month after the conviction confirmed, ov procedetjdo gxzv.ici, full cofts and charges; and in default thereof, the juftice fliall proceed to the ex- ecution of the conviction, f. 7. 5I penalty for ^' ^'^^ by a fubfequent ftatute 5 An. c. 14. If any per- keeping dogs fon, not qualified ly the laivs of this reahn fo io do, fiail keep and engines ; oT vfe any greyhounds, fetting do zs, hays, lurchers, tunnels, or n"d the iame to ,1 • ^ i-ii i i ,1 i inn, bcieized. ^'7 "■^^'^ engine to kiU and defiroy the gaiv.e, and jnsd he thereof convi£Jed \\KJL) on the oath of one credible witnefs, before one jvjiicc^ he Jhail forfeit 5 1, half to the informer, and 321 and half to the poor of the par'tJJ) where the cf'snce vcas committed^ to he levied hy difirefs and fale of the offender's goods (M) ; for want of dijlrefs, to le fait to the houfs of correSlion iNjfor three months for the firfl offence^ for every other of- fence four months. Andany ]ufiice^ and lord within his 7}ianor, may take away fuch degs^ netSy or other engines, which /hall be in the power or cujiody of any perfon not qualified, f. 4. If any per/on] H. 13 G. 3. K. (ff Newman. An infor- mation was moved for againft a juttice, lor convicting two perfons for ufing greyhounds to deftroy game j which perfons were themfclves unqualified, but were out with a qualified perfon; which they pleaded in their defence, and that the dogs were not their own. The juflice faid he knew it, and thereupon convifted them. — On behalf of the juftice, A4r. ferjeant Burlandi-Ax^^ that the convicted per- fons being by their ov/n evidence not qualified, and it not appearing by any evidence exprefsly that the perfoa they were with v/as a qualified perfon, or that the dogs were (as they afferted) not their's, but his, he hoped the information would not be granted. It v^as further faid, that it hath never been adjudged, that unqualified perfons, out with qualified, were free from the penalty; nor that it fignified, whether the dogs belonged to the qualified men, or to the others : For the being out to ife them, was fufficient within the ftatute ; or at leaft it ha purfued ; and the defendant may come in and {^atV'i hi'? 1 qualification. Indeed, convitlions have been quafhed for not fetting forth what was the want of qualification, be- caufe it muft be made out before the jufticc, that he had no fach qualification as the law requires ; and therefore thejuflice ou^ht to return, that he had no manner of >^ 2 qualifi- 24 dSame. qualilication, before he can conviifl the defendant. Co' tnpuy 522. M. 12 G. 2. K. and Bryan. Which was a convi£lioa on the f^in at^t, exception was taken, that there was no averment, that it was not fold to be ufed in medicine : and tile cafes on the game a£l were mentioned, where in convictions it is ncccflary to exclude all tlie qualiiications for killin"" f^ame. On the other hand, it was infilled that the reafon of that was, becaufe thofe were in the enafting claufc, whereas this about medicine comes in by way of provifo, and is by way of defence to be fhewn on the de- fendant's p-irt. And for that purpofe was cited K. and Theed^ M.i\ G. where in a conviction for obftruCting an excife officer on the 8 An. c. g. it wiS objedted, that it not being averred to be in th^ day, it fhould have been fhewn that there was a conflable prefent, which is made necslTary in the night ; but it was held to be well, and that its being in the night fliould have been fhewn on the defendant's part. And by the court. This is brought within the general enacting claufe : and the true diltinc- tion is, where the extenuation comes in by way of provifo, or exception. And the conviction was confirmed. Str. 1 ioi. Finally, in the cafe of K. and yar-vis, H. 30 G. 1. The conviction did fet forth, that the defendant did un- jawluUy keep and ufe, and had in his cuflody and pof- i'eirion, one fetting dog and fetting net, for the deftrudion of the game; and that he the faid y,5ry/V was not then raiy wile qualified, impowered, licenfed, or authorifed, by or according to the lav.'S of this realm to kill game. It was moved to qnafh this conviction, And by lord J'fivKj- /icIdQh. J. It is now fettled by the uniform courfe of authorities, that the qualifications muft be all negatively fetout: Otherwifc the juiiices have no jurifdiction over ^ the perfor.s killing game, or kcepino: dogs or engines for the defrruclion of it. 'The f'/'Z/^r fayi-ig in 10 Afod. (if it was a hook of better authoiity than it is) would fignify nothing, when the determinations are the other way. Fnere is a g,rcat difference between the purview of an aCt of parliament, and a provifo in an act of parliament. In the cafe of K. and Jfl.^i riot ; where the witncfs fwcars only generally, it y.'as hojden fufHcient : And the juflices who convict upon ihe evidence of the witnefs, can have no other or fiiiLlier /ground to go npon, than v/h:^t the wit- nefs fiA'cars. in the cafe <.r 7v, a,nd ////'/', it is the very point cfirabiifhed and" fettled, ihat the general avernjent is not mr* 325 not fufficlent, and that it mufl: be averred that the defen- dant had not the particular qualifications mentioned in the ftatute. In the cafe of Bluet ^ui iani^ and Needs ; the general averment of the defendant's not being quali- fied, was holden to be fufficient upon an aiStion, though infufficient upon a conviftion : The diftiniftion is obvious between an action and a convicSlion. In the prefent cafe, the vvitnefs fwears generally, that the defendant was not qualified. The juftices adjudge it generally, only. The ftream can go no higher, than the fpring head. So the conclufion, which the juftices draw from the teftimony of the witnefs, mufl be as general as that teftimony. In the cafe of K. and Pickels, M. ig G. 2. it was laid down as a rule, that the want of the particular qualifications re- quired by the 22 ^ 23 C. 2. c 25- ought to be nega- tively fet out in convictions. And the only queftion there vvas^ whether it was necelTary to add the inferred or ar- gument! ve qualification, colle£led from the 5 Jn. c. 14. but not mentioned in the 22 ^ 23 C 2. c. 25. of his not being lord of a manor. Exceptio probat regula?n: Nor was the general rule at all doubted or difputed in that cafe. In indictments upon the 8 ?a to deftroy game. And after a verdift for the plaintiff, the judgment was arrefted j for the ftatute of the 5 An. c. 14. has not the word /^^Mwrt', and the words other engines come after Jiets, and are applicable only to inanimate things. And this being a penal law, cannot be extended. The'llatute of the 22 ^ 23 C. 2. c. 25. has indeed gene- ral words or any other dogs to deftroy game ; but this is not a convi(5lion on that ftatute. iS/r. 1126. Nor indeed could it have been a "conviciion on that ftatute for any penalty in certain for killing and deftroy- ing the game; for the ftatute of the 22 C5' 23 C. 1. doth not inflict a general penalty upon perfons unqualified who fhall kil'i and deftroy the game ; but only declares, who ihall or ftiall not be deemed unqualified; and gives power to lords of manors and their gamekeepers to feize the dogs, rets, and other engines of fuch unqualified perfons. But if the defendant did kill the game, and had the fame in his cuftcdy; he might h^ive been profecuted for the pe- x^.alty ©tlult* 327 r.:ilty of 20 s for fuch offence, by the flatute of the 4 i.'j 5 /^. hereafter following. — But then the confequence of all this will be, that it is not penal barely to hep a hound on this ilatute of the 5 Ann. but if any unqualified perfon fliall o'o fo, the gamekeepers or others, authorlfed by a juftice's warrant, may feize and keep or deftroy the fame, by the aforefaid flatute of the 11 & 23 C. 2. So in the cafe of Reafon and LiJIe., T. 11 G. 2' On an action upon the ftatute, the plaintifF declared, that the defendant did keep and ufe a dog to deftroy the game. It was obje6led, that he ought to have exprefl'ed what fort of dog i for it might be a mailifFor a lap dog, which might chance to kill game 3 and the ftatute only mentions greyhounds, fetting dogs, and lurchers ; and this being a penal law, fiiall not be extended by equity. And of this opinion was the court. And judgment was arrefted^ Comyns, ^'^6. jiny other eugines] T. 11 G. 2. K. and Gardiner. It was moved to quaih a convidion, for unlawfully having and keeping zgun, being an engine or ii'iftrument for deftroy- ing the game. And it v/as urged, that this is no fufficienf charge, within this ail, or any other of the laws relating to the game : for it is not faid, that the defendant ufed the gun for the deftrutStion of game ; and a gun is not an inftrument fo far appropriated to killing game, as that it is criminal for «^ perfon to have one in his cuftody only: And it would have been altogether as v/ell, if it had beea faid that the defendant had in his cuftody, a cane for the deftru(Stion of the game, which may poiTibly be ufed for that purpofe. The only offences intended to be prevented by the acl are, the keeping of engines appropriated to, and which can only be ufed in, the deftrojing of game. A gun is an engine, not for killing the game, but for the defence of a man's houfe. And the whole court were clearly of opinion, that this convidlion is not good. For (as they argued) if the ftatute is to be conftrued fo largely, as to extend to the bare having of any inftru- ment, that may poffibly be ufed in deftroying game, it will be attended with very great inconvenience; there being fcarce any, tho' ever fo ufeful, but whc;t may be .'ipplied to that purpofe. And tho' a gun may be ufed in deftroying game, and when it is fb, doth then, fall within the words of the a6l ; yet as it is an inftrument proper^ and iirequently ncceftary to be kept and ufed for other purpofcSj as the killing of noxious vermin, and the like, X 4 it 328 (gtime. it is not the having a gun, without applying it In the deftruclion of game, that is prohibited by the adt : but otherwife it is of lurchers, harepipes, and fuch like, which are peculiarly fitted or difpofed for killing game. The bare keeping of thel'c for the purpofe of killing game, is lufficient to convict an offender, and it will be incumbent upon the defendant himfelf to prove, that he kept them for other purpofes. And the convi(?Jon therefore was quafbed. After which, Strange folicitor general laid that in the cafe of K. and King, E. 3 G, Lord Mocclesfield faid, that he was in the houfe of commons when this zQ. was made, and he himfelf objeSted 10 the inierting of the word _§•?/;: therein, becaufe it might be attended with great ihconvenience. Jndr. 255. 2 Sejf. C. 204. Sir, IC98. JndJIiall be thereof convlSled'] H. 6 G. K. and Jolyn/cfj. Convicflion for keeping a gun, not being qualified. Ex- ception was taken, that here was not a reafonabley"H7«- nions ; for it was made on the fifth of Ocfoher^ to appear the fame day, which might be impoiTible u^jOH account of diflancc, or the fummons being ferved late, and his wit- refies might not be got together on fo fhort a warnii'g ; then it is to appear at the parijh aforejaid, whereas there are two pariihes mentioned before 5 fo the man may have gone to one, whilfl: they v'-ere convi6ling him at the other. It was anfwered, that the defendant appeared at the time and made defence, fo that cures ah* defeats in the fummons. And by the court, The anfwer is tight, o/r. 261. H, 5 G. 2. K. and Hcbcr. On a rule to (liew caufe, •why an inforn ' tion fhould not be granted againft the de- fendant Mr. Heber^ a juflice of the peace, for convi£ting two perfons, Hargrave and Lanccjicr, for killing game not being qualified ; the complaint in relation to Margrave was, that the defendant fent his warrant for him, by which he was arreffcd, without any previous information upon oath; in relation to Lancajler^ the complaint was, that he happening to be prefent at the time Hargrave was convicled, the defendant took that opportunity of convict- ing him aifo, without giving him any previous fummons, by which he might prepare himfelf for his defence. The court (the chief juilice being abfent) were very clear, that an information ought to go againft the defendant for his behaviour in relation x.o Lancajler \ for they faid, it was a mofc known rule of common juftice, that no man ought to 329 to be convidled of an offence, till he has previous notice given him of the charge, that he may be prepared to put in his anfwer to it. Accordingly the rule, as to him, was made abfolute. As to Hargrave^ ju^gs Probyn thought, that the rule, with reipeft to him alio, ought to be made abfolute. He faid, a warrant deprives a man of his liber- ty; and therefore a fummons ought only to iflue, and not a warrant, without an information upon oath. The other two judges did not think this a fufficient caufe for granting an information. And therefore the rule, with refped: to Hargrave, was difcharged. ■ In this cafe, the court would not proceed to make a rule to fhevv caufe, until the conviftions were removed thither by certiorari : for, they faid, if there was no convifTtion, there ought to be no information; and if there was a convi^^ion, this ought to appear by the record. 2 BarnardiJI. 34, 77' i^i- //. 26 Q. 3. K. V. 'Thomas Spencer Croivther. This was a convidtion before a juftice on 5 Ann. c. 1^. for ufing a gun. After flating the information, which nega- tived fpecifically every one of the. qualifications in 22 ^ 23 C 2. c. 25, it proceeded to llate, that, " On the fame *' 14th day of the fame mGUth ot Septe/nher ly^.^., at the *' pariili of Sevenoak^ in the county of AV;;/, one credible " witnefs, to w'lX^ Edward Tye, came before me the faid *' juftice, and by his depofition taken in writing before *' me the fame juflice, upon his oath, &c. fwore, affirmed, " and faid ; .that the aforefaid T. S. Crotvther^ on the 8th *' day of September aforefaid, in the year aforefaid, at the *' parifh, &c. did keep and ufe a gun, and certain dogs *' called fetting dogs or pointers, to kill and deflroy the *' game; and hunted them over certain grounds, part of *' B/ac^ Hall farm, in the parifli, Sic. and did then and *' there fhoot at and kill one partridge with his faid gun< " againft the form of the ftatute in fuch cafe made and *' provided. And afterwards, that is to fay, on the 15th ** day of September in the year aforefaid, he the faid T. S. *' Crowther, having been duly fummoned in this behalf, ** appeareth before me the juUicc aforefaid, and is prefent ** to make his defence againfi: the faid charge; and having ^' heard the fame, and the aforefaid depofition of the faid ** EdwardTye having been read over again to the faid E. ** Tye in the prefence and hearing of the faid 7". 8. Crow- " ther^ and the faid E. Tye having again affirmed his faid ** depofition to be true, in the prefence and hearing of the fnid ** T. S. Crovjihcfy he the faid 2", S, Crowther is afked by *' me. 330 ' ^mu. " me, the faid juftice. If he can fay any thing for him- " felf, why he, the faid T. S. Croiut her {iiou]ii not be con- •' vi£ted of the prcmiiTes above charged upon him in the *' form aforcfaid : Whereupon the faid T. S. CrowtheVt " faith, that he is not guilty of the faid offence, but he " doth not produce to me any evidence whatfocver, that *' he is in any manner qualified, allowed, or authorized *♦ by the laws of this realm to have, ufe, or keep for him- *' felf, or any other perfon, any gun, felting dog, pointer, " or any other engine, to kill and deflroy the game of " this kingdom. And thereupon it manifeflly appearing *' to me, that the aforefaid T. S. Crowther is guilty of the *' faid offence charged upon him in the faid information. *' I do therefore hereby convicl him of the offence afore- " faid, and do declare and adjudge that he the faid T. S. " Crowther^ hath forfeited the fum of 5I. for the offence ' " aforefaid, &c."« It was moved to quafh this con- viction on the two following grounds, ifl. That the evi- {Jenceon which it was founded was not given in the pre- fence of the defendant, for on his appearing before the iuilicc, the witnefs only affjrmed\i\% former depofitlon to be true, and K. v. Fipont was cited. 2dly. The qualifica- tions required by 22 ^ 23 C*. 2. c. 25. were not nega- " lived by the evidence. The evidence was only genera], that what he did was agalnji the form of the Jlatute, Sec. and ,K. V. "Jarvis^ and K. v. IVheatman^ were cited. In anfvver thereto it was faid. That the depofition of the wit- nefs having been read over in the defendant's prefence, and' affirmed by him to be true, was the fame as if he had been re-fworn. — That as to the other objecfion, the information had neg;atived everv feparate qualification, and was fo itated in the conviction, and there was no occafion to prove it by evidence. It was impofhble to bring evidence to prove the want of each qualification negatively. If the information is fpecific, a general depofition that he is not qualified, is fufticient to put the defendant upon proving that he was. By the court. The firfl objeftion is good : The witnefs ought to have been re-fvvorn in the defendant's prefence. As to the other point, there is no cafe in which it has. been directly decided, that the evi- * dence fhould negative every particular qualification. It cannot be fo from the nature of the cafe. Convic- tion quafhed. Cafeshy Durnf. ^ E-flft-) 125. T. 27 G. 3. K. and Thoihjon. This was a convi£fio:i on 5 An. c. 14. / 4. flating, according to the precede.it (L) the information on 8th Dec, 17865 the appearan:e of 33^ of the defesulant on the 9th after being rummoned, and the plea of ncl guii'ty^ and then proceeding as follows; " neverthelefs, on the faid 9th day of D^c. in the year *' aforefaid, at, &c. one credible witncfs, to wit, Richard *' Taylor^ of, he. cometh before me the faid jtiflice, and " be.'ore me the fame juftice, upon his oaih, Uc. faith, *' that the defendant, on the 7th day of Dec. aforefaid, in " the year aforefaid, at, he. [negativing the qualifica- *' tions of 22 £5' 23 C. 2. c. 25./. 3.] did keep and itfe a " gun to kill and dcjiroy the game; and thereupon the iaid /' defendant, &c. before me the fame juftice, by the oath *' of one credible witnefs aforefaid, according to the form *' of the ftatute aforefaid, is convicfled, and for his offence *' aforefaid, haih forfeited 5 1, to be diftributed, hz."—- 6'oc/(^// objedted, that it did not appear upon the convi£lion, of what the defendant had been conviiSkd : It only faid, thereupon the defendant on, hz. before me the fame juf- tice, by the oath of one credible witnefs, according to the form of the ftatute, is convicted, and for his offence hath forfeited, hz. This is only a conclufion of law, and not an adjudication of thejuflice. Tliere is nothing to con- )ie6t it v/ith that which precedes it; fuch as that " he is *' convicted of the premises, " or *' in manner and form " aforefaid." -But the court were clearly of opinion that there was no ground for that objeclion ; but defired it might be argued again on another objeition, which they fuggedcd to the counfel ; whether the evidence'was fuffi- cjently fet forth, fo that the court could fee, by what a<5l the defendant had incurred the penalty; for they obferved, that the ail: of keeping a gim was in itfelf ambiguous, and that it muft be ftiewn to he kept for the purpofe of killing game, in order to bring the party keeping it within the acSt ; \z was not like keeping a greyhound or a fnare ; which could not be kept for any other purpofc, and which was ex- prefsly prohibited by the a6l.-— - — -IVood now argued againft the conviction. It is a fatal objection that the evidence, on which the conviction is grounded, is not particularly fet forth ; the evidence vi'hlch is ftated is mere-^ ly a repetition of the information. Only the refult arifing irom the fa6ts is fet forth 3 but every part of the evidence ought to have been fpecially fhevvn, that the court might have had an opportunity of judging whe;her the juftice drew a legal and proper inference from the facts fworn to, foas to bring the defendant within the penalty of the adt. The evidence which was given before tlie juftice, could not be given in the manner in which it is ilated in ih« con- 332 »(!5amt» convi£linn, for this evidence is the language of the aci of parliament, and even if it was given in this general way, the juftice ought to have refufed it. Cha?n!?re contra, did not difpute the general rule that it was neceffary to (late the evidence particularly in a convidlion, but infiflied that in the prcfent cafe, the evidence was fufficiently flated, being exprefsly ftated, that the defendant Lpt and ujedthe gun to kill and dejlrcy the game -j and that this form of con- viclion has been almoft univerfally ufed on fimilar occa- fions. Jfohurjl]. If this were a new cafe, I fhould inoft undoubtedly he of opinion that this conviction could not be fupported, becaufe I thinic the evidence fhould be fet forth particularly, that we may judge whether the juftice has convicted upon proper evidence. The fact of keep- ing or ufing the gun for the purpofe of deftroying game, fhould ajipear; but it is only ftated here that the defendant kept and ufed, &c. which is the refuit of his evidence. Then v/hether he kept it for the purpofe of killing ^^>,^^ is likewife a queTrion of law.; for an ignorant witnefs in the country might fancy that a woodcock or a rabbit v/as game. So that it feems to me that permitting this gene- ra! evidence to be ftjted, is allowing the witr.efs to give his fcntiments on the law as well as on the fa6ts. But as the rrecedenth arc ufuallyin this form, and as the convic- tion in K. V. Hartley was fimilar to the nrefent, it is better to fijppo.'t this cc^nviclion, than by quafhing it to overturn all former precedents. Btdier}. If this precedent had revcr been adopted, I fhould have been of opinion that the evidence ftiould have been fully fet forth : But after fo many convifcions have been made in the fame form, it would bs dangerous to quafh the prefent. The diftinc- tion taken in K. v. Filer is good law ; It is not an offence to kftf) or ufe a gun, unlefs it be kept or vfedfor the purpofe cf kiilir.g game. But it is here ftated by the evidence " that " the defendant did keep and ufe a gun to kill and dt^my ** the game." As to the other queftion x^^'p^cWng game \ I cannot agree that the witnefs in fwearing that the de- fendant ufed a gun to deftroy game, would be fwearing to a queftion of law, becaufe it is fettled by act of parliament, and every man is bound to know what is game : If he fwears that to be game, which is not fo in lav/, he would be guilty of perjury. Game muft be underftoood in it's legal cafe. Gr:fc J. I cannot give my confcnt to iupport this convidtion. The juftice IhcuiH reiurn parti- cularly all the facts and the conclufion in the conviction ; ftrft the in.'^ormaticr., the fummonsj the appearance or the de- 333 ^defendant's default in not appearing, that the information was read to the defendant, that he was afked what he had to plead, the whole of the evidence particularly, and the adjudication. The witnel's fhould fwear to thcfaSL^y and not to the liiiu : and in this cafe it is almoit incredible that the witnefs flaould have fvvorn in the manner in which this evidence is fet out ; the juftice fiiould not have re- ceived it, if it were offered in this general way, but fhould have queflioned the witnefs as to the manner ia which this gun was kept, for what purpofe it wa5 ufed, and what particular kind of game he killed or attempted to kill. All thefe particulars fliould have been fpecially fet forth, in order that we might judge whether they conftituted an offence within the act. Here the witnefs fwore to the law, namely, that the defendant ^ept and ufed a gun to kill and dejlrcy the game. I had rather choofe to decide this cafe according to the A^ v. Baker than K. V, Hartley. And altho' this convi6lion cannot be quafii- ed, becaufe my brothers have given their opinions in fupport of it, yet I did not choofe that this queftion (liould ^2ik fiib filentio.^ efpecially as this declaration of my opinion may have the effect of inducing juflices in future! to flate the whole matter upon the record. There was another doubt entertained by the court, namely, whether it fufRciently appeared that the evidence was given in the defendant's prefence ? But it v/as over-ruled. Conviction affirmed. Caf. by Diirnf. & Ea/i. v, 2. 18. On the oaih of one credible witnefs] H. g G. K. and Gage. The defendant was convicted for ufmg a greyhound ia killing hares. Exception was taken to the conviction, that the ftatute had only given the juftices jurifdiition to convidl upon the oath of one or more credible witnefTes, whereas this was upon his own confellion, which it was infilled thejuftices had no power to take. But by the court, The conviction muft be (Confirmed. The intent of mentioning the oath of one witnefs, was only to di- rect the juflices, that they (hould not convict on Jefs evidence •, fuppofe the com'efrion had. not been before the juflices, but before two vvitneiTes who had fworn it ; that would be convicting him on tlie oaths of wilncfTcs, and vet the evidence v/ould not be (o firong as th'.s. Here the jufticcs had a better evidence, than the oath of any fingle witnefs -, and it is a monflrous thing to {^y, tljac a ueltef fort of cvideuce, ftiall not do. S:r, 546. I Credible 334 (I5:U]ie. Credible wiiuefs] AI. i G. i. K. and Stone. A con- vitSlion was qualhcd, becaufe the informer was the witnefs, divers convictions having been qui^.fhed for the fame rea- fon before. L. R(2ym. 1545. The fame adjudged in the cafe of A', and BLu:c}\ T. 11 G. 2. Jndi-. 240. And in the ftatute of the 2 G. 3. c. 19. it is recited, that in profecutions on the a(5t of 8 G. c. 19. in the courts at IVeJhnhifler^ where a part of the penalty is given to the poor of the parifh, the inhahitants of fuch parifh had been difallowed to give evidence; and therefore in that cafe, to remedy the iame, the a£t gives the whole penalty to the profecutor, ia order to enable the inhabitants to give evidence. • Btfore one ju/iice'] H. 1% G. K. and BucL It was moved, to quafh an indidlment for itiliing a hare, this not being a matter indi6lable, the flatuie appointing a fum- mary proceeding before juftices of the peace ; and a cafe v/as cited K. and janus^ T. i G. where an indi6tment for keeping an alehoufe was quafhed, becaufe the fla- tute of the 3 C. c. 3. had directed a particular remedy.- And by the court. The indictment muft be quallied. Str. 679. Shall forfeit 5/.] T. 10 Jn. ^ and Matikeivs. On a conviction, exception was taken, that the perfon was charged with fo many 5 1, as he had killed hares in the fame ^y. And the court was of opinion, that the ofi'ence for v^hich the llatute gave the forfeiture, was the keeping dogs and engines, and not killing the hares. If a man not qualified goes a hunting, and kills never fo many hares on the fame day, he w^ould forfeit but one 5 1, for it is but one offence ; but if a man keeps dogs, and goes a hunting feveral days, and kills hares, if it was thus laid, that he fucii a day kept dogs and killed, and then again fuch a day, by laying it thus feverally, the oiFence is fevered, and he iliall forfeit 5 1 for each offence. 10 Alod. id. So in the cafe of Marriot and Shaw., E. 4 G. where the defendant was convicted, that upon fuch a day he kept and ufed a greyhound to kill and deftroy the game at fuch a place, that on the fame day he kept and ufed a greyhound to kill and deftroy the game at another place, and fo at a third place, and killed feveral hares at the faid feveral places ; it was adjudged by the court, that this being all done on the fame day, was only one offence ; for this ftatute does not give 5I for every hare; but only 2 " fays. n. <^ f' j:? fays, if any unqualified perfon fhall keep or ufe any grey- hound, or the like, to kill and dcUroy the game, he fhall forfeit 5). Compn^ 274. "To the poor cf the parljl) where the offence was co/nmitted] In feme places a man may (land in one parifh (or county), and fhoot into two or three : in fuch cafe, the place where the offence was committed is, where the party flood when he fhot, and not where the obje<3t was which he fhot at. Show. 339. M. 3 IF. K. and /ifop. By dijirefs^ T. g G. K, and BiircheU The court or- dered an attachment (unlefs caufe fiiewn) againfl the town clerk oi Guildford^ and a defendant convicted on the g;-.me a6l, for granting and fuing out a replevin of goods di- flrained for the penalty.' But on fliewing caufe the next term, when Eyre J. only was prefent, he difcharged the rule, becaufe it v/as only a contempt to the inferior ju- rifdi(5lion of the juflices, and in that cafe the king's bench never interpofes. 5?r. 567. But in the cafe of the king againft the fheriff of Lei^ ceJierJJv.re aiid others, M, 7. G. 1. An attachment was moved for againft the defendants, for replevying three horfes, which were feized as forfeited upon a juflice's warrant, they being driven in a waggon contrary to aft of parliament. The court, tho' they would not grant an attachment, yet made a rule to fhevv caufe why an in- formation fhould not go. And on fhewing caufe, the court thought there was enough to excufe the fheriff; but granted it againfl Parjons Vs'hofe horfes were feized, be- caufe he knew th^^t the juftices had granted this warrant ; but it did not appear that the flieriit did. i Barnard'iji. 1 10. And in the cafe of K. and Monkhoufe^ E. lb G. 1. The court granted an attachment againft the under fheriff of Cumherlayid^ for granting a replevin of goods diflrained on aconvi£lion for deer-ftealing. Sir. 1184. Jndfale'] E. 13 G, 3. Fcllhafmnd Tarry. The defen- dant levied money by feizing and felling the plaintiff's goods, on a jufticc's warrant founded on a convi£t;on. Which convicSlion was afterwards quafhed. And it was holden, that an action for money had and received then lay for the clear money produced by the fale of the goods. Buller's Law of Niji pr'ius. J 3 I. For wniit of dijiref to be fent to the hoi-fe of corrcdian'] T. 17. G, Hill and Bateman. Before Raymond Ch. J. at JVeflmmJler. 33^ • (!5ame. Wejiminf.er. The defendant Bateman^ being ajufticeof the peace, had convided the phintifF for deftroying g^me, and thoagh (as it was proved) the plaintiff had eftecls of his own, which might have been diftrair.ed, which were fufficicnt to anfwer the penalty he had incurred, yet the 'defendant fent him immediately to Br'idcvJclU without en- deavourino to levy the penalty upon his goods : and an action of trefpafs and falfe imprifonment being brought againft Batcfnan for this commitment, the chief juftice was of opinion, that the action v/ell lay. Sir. 710. Aud [«;?] certiorari pjall he allowed to remove the conviSlion or other proceedings on this aSi, unlefs the party conviSiedJhall , before the allozvance thereof becoTue bound {O\to the profecutor in 50 I, with fuch fureties as the jujlice fnall think fit ^ to pay full cojls atid charges in 14 days after the convitlion [ro«- firmed'l^ or procedendo granted. -And in default thereof the juliice foall proceed in execution of the conviSiion in fuch manner as if no certiorari had been awarded. 5 An. c. 14. f. 2. Note J The word Sjno'\ is infcrted inftead of the words \if any\ which are in the a6t, fincc that word feemeth iiece/Tary to make up the fenfe ; and the word \^confirmed'[ is added for the like reafon. And indeed there have been too many inadvertencies in the drawing up of this adt ; for there is falfe grammar in ^10 fevrer than fix .places, befides other miftakes. Search for 9' ^"'^ ^'''^ conjiable^ auihorifed by a 'jvfiice's warrant j game; with 2csy?)a// enter into and fear ch {in fuch manner and nxith fuch penary for hav-^^^y^^ ^^ ^-^ ^^f^ W^^r^ goods are Jlolen^ or f f peeled to be " "■' flolen) the hovfs^ outhoufs^ or other places belonging to fuch houfes of fif peeled perfons not qualified : And if any kare^ partridge., pheajantj pigeon^ fifo.^ fowl, or other game., Jhall [lipon J uch J ear tlyi, or othemife) be found, the offender Jhall Le carried before a jzftice ; and ij fuch perfon do not give a good account hoyj ht! came by the fame., fuch as fhall fatisfy the faid juftice, or elje jhall not in fome convenient tune, to be ft by the juftiie, produce the party^ of zvhcm he bought the fame, or fome other credible perfon to depofe upon oath juch fate thereof, he fiallle conviSled by the fid jujlice of fuch offence, and upon fvxh cor.virP.icn JhadJ'orfeit for every hare, partridge, pheafant, fijhy foivt, or other game, any fiim not under 5 s, and not exceeding 20 s, half to the informer, and half to the poor, by dijlrrf ; foi- %vant of diHrefs, to be committed to the hovfe cf corrtolio" i:it more than one month, nov, Icfs than ten days, there g with- in five miles of the fea ; fo that they fhoot not at any deer, heron, fhovelarJ, pheafanc, partridge, v/ild fwine, or wild elk. AHb this acl fliall not extend to fervants carrying the fame by their mailer's command, fo tha: they fhoot not at any game. Nor to any owner of a fnip for having or keeping them, of what length foever, to be ufed in the fliip only. (Nor to perfons licenfed by the fcllions to, fhoot in hand- guns or birding pieces, at crow, chough, pye, rook, ring-dove, jay, or fmaller birds, for hawks-meat only; fo as they fhoot no game, and fo thar they (hoot not within 600 paces of a hernery, nor within a hundred paces of a pigeon houfe, nor in another man's p^:'-:, forefl:, or chafe, i J. c. 27. f 7. And except the fheriff, who may carry a gui; in the execution of his ofnce, 5 Co. 72.) (8) And if any perfon fee or find any one ofE^nding or doing contrary to this zSt, he may arreft, and bring or convey him' to the; . next juftice of the county where he is found offending; who (hall upon due examination and proof thereof made, before him, by his difcretion have full power to commit (S) the oiTender to the next gaol, there to remain till fuch time as the faid penalty or forfeiture (hall be truly contented and paid by the faid offender; half to the kinir, and half to the firft brincrer or convever of the {c\\A oftender to the juilice. Which due excunination and proof aforefaid, is intended not to be by a jury, but by witnefies. i Ventr. 33. Mr. Dalton fays, forafmuch as in this cafe the juflice hath the whole matter committed to himfelf, and the of- fenders remain conviil upon his examination and proof of witnefs made before him ; therefore he ought to be cir- cumfpe6t in his examination, as aifo in his mittimus ; ami farther to make a record (T) of the matter, in writing under his hand, and alfo to fend the eftreat of it into the exchequer, whereby the king's duty may be levied. Dalt, €, 47. Y4 In 44 (5ame. In the conviction, is not fuiHcicnt to fay generally that he had not lool a year, but the time muft be cer- tainly alledged, namely, that the defendant on the day and year aforefaid (when the ofFence was committed) had not lOO 1 a year. 3 Mod. 280. And upon fuch conyiction, it hath been adjudged, that a writ of error doth not lie. i Fenir. 33. (9) Alfo the juftices in fcflions may inquire of, hear and determine the faid offences, fo that no lefs fine than lol be aflefl'ed upon prefentment and conviction, to be le- vied in fuch cafe to tiie king's ufe only. And this may alfo be upon indiclment. Dalt. c. 4y. And if the jury fhall wilfully conceal any the faid of- . fences, the court may charge another jury to inquire of fuch concealment ; and if it be fo- found, the firft jury Ihall forfeit to the king every one 20 s, (10) Alfo the leet may inquire of, hear and determine the fame ; in which cafe, half the forfeiture fhall upon prefentment and conviclion be levied to the king's ufe j and one moiety of the other half to the owner of the leet, by diftrefs or adion of debt ; and the other moiety to him that will fue in any of the king's courts. And if the jury fhall wilfully conceal an ofFence, the lleward may charge another jury to inquire of the con- cealment; and if it be found, the firfl jury fhall forfeit 20 s each ; half to the owner of the leet, by diflrefs or aftion of debt ; and half to him that fhall fue in any of the king's courts. (11) But no perfon fhall be profecuted but within a year, if it is by the king ; and within half a year, if by any other perfon, \ V, Laws f This flat ute of the 33 H. 8. c. 6. is undoubtedly in force, and confequently may be put in execution ; neverthelefs it feem- eth now to be obfolete, the object thereof being a matter not in any ufe, and the efFed of it with refpefl to the game being fu, perfeded as it were by the feveral fubiequent Ilatutes. The ori- ginalintention was folely for the encouragement of the ufe of the long bow. And the progrefs of the matter was as follows ; — By the ftatute of the \g H. 7. c. a, it was thus enadted ; The king our fovereign lord confidering right well, that in the time of his moft noble progenitors (hooting in long bows hath beea much ufed in this his realm, whereby honour and vidtory hath been gotten againft outward enemiesj and the realm greatly defended. <5amt, 345 r. Laws for prejerving the four footed game in particular. Which fald laws, as hath been faid, do feem to concern all perfons whatfoever, whether qualified or not. Now defended, and much the more dread among all chriftian princes by reafon of the fame ; which ihooting js now greatly decayed in this realm, forafmuch as now of late the king's fubjefts greatly delight themfelves in ufing of (ro/s-ho'ws, whereby great de- itrudlion of the king's deer, in forells, chafes, and parks, daily is had and done, and fhooting in long bows little or nothing ufed, and likely in fhort fpace to be lolt and utterly decayed, to the great hurt and enfeebling of this realm, and to the comfort of our outward enemies, if remedy be not therefore in due time purveyed; wherefore our faid lord the king, willing that his iubjefts in this realm Ihall ufe their long bows after the laudable cuftom ufed in time of his moft noble progenitors, to the great honour, ftrength, and defence of this his realm, by the advice of the lords fpiritual and temporal and commons in this prcfent parliament aflembled, hath ordained and enaifled. That po perfon, without the king's fpecial licence under his pla- carde, figned and fealed with his privy feal or fignet, fhall oc- cupy or flioot in any crofs bo^M (unlefs he fhcot out of a^ houfe for the lawful defence of the fame), except he be a lord, or have lands of freehold of 200 marks a year ; on pain to forfeit the iame, with the apparel thereto belonging, to him who fhall feize and take the fame. — By the 3 /f. 8. f. i 3, the qualification was raifed to 300 marks a year. — Afterwards, when guns came in ufe, it was enadted by the 6 H. 8. c. 13. as follows : Where the king's fubjeds daily delight themfelves in lliooting in crofs ho^s, whereby fhooting in longbows is the lefs ufed, and divers good statutes for reformation of the fame have been made, and that notwithflanding many perfons not regarding the penalties of the faid ftatutes, ufe daily to fhoot in cro/s bon.K;s and hatid-gims, whereby the king's deer, and of other lords of this his realm are deflroyed, and fhall be daily deflroyed more and more, unlefs remedy therefore be provided ; it is enabled, that no perfon fhall fhoot in any cro/s honx.> or hand-gun, on pain of forfeiting the fame, and alfo 10 1, unlefs he have by the year to the value of 300 marks ; with power to the king to licence perfons as before. — And the like was enafted by two other llatutes in that king's yeign (14 ts" 15 //. 8. r. 7. and 25 H. 8. t, 17.) with fome fmall yafiations^ not material, repealing the forpier ftatutes and the li- cences n 46 (^m\t: Now the four footed game, or the game of beafts, are of three kinds, viz. L Deer. II. Hares. III. Conies, I Of deer. i. Deer ftealing hy ancient fiatiites. ii. Deer ftealing by the 16 G. 3. c. 30. Hi. By the Black act. iv. Deftroy^ig covert for deer. i. Deer ftealing by ancient ft atutes. By the 'i^Ecl. r. c.10. If trfpajprs in parks be thereof attainted at the fuit of the party, great and large amends {hall be awarded according to the trefpafs, and they Ihail have three years imprifoiunent, and after fhall make fine at the king's pleafure (if they have whereof,) and then fliali find good furety that after they {hall not com- mit the like trefpais : and if they have not whereof to make cc. -d thereupon, and giving the king power to grant new or.Jb j io that, they feem to have been intended chiefly for the fake of bringing money into the exchequer by the renewal of licences — And lail: of aU cometh this itatute of the 33 //. 8. f. 6. reciting. Whereas. in riie parliament holden in the 25th ye?.r of the king's mole graciou-s reign, one ftatute was made for the avoiding and efchewiiig of ihoo;:ing in croft tews and hand- guns ; fince the making whereof divers evil dilpoffd pericns, not only prefuming the vioiartion of tiie faid liatute, but alfo cf their malicious and evil difpofed parpofes have committed divers de- teltible and Ihameful murders, robberies, felonies, riots, anvi routs, with cro/s bo-ucs, little fhort hand-guns y^ and litcle haquebi t: , to the great peril and fear of the king's fubjects ; and ailo di- vers keepers of forelb, chafes, and parks, and divers gentle- men, yeomen, and lerving men, now of late have iaid apart the good and laudable exercife of the long bow, which always heretofore hath been the furety,' fafeguard, and continual de- fence of this realm of Engian J, and an ineltimable dread and terror to the enemies of the lume j and novv of late the faid evil (Bmt.^ 347 . ^makc fine, after three years i(npriAinment, they (hall find ^ hkefurety; aiid if they cannot fmJ like furety, theyfliall evil difpofed perfons hai:e ufed, and do daily ufe, to ride and go in the king's highways, and elfevvhere, having with, them cro/s bo'ivs and little hand guns, ready furniflicd with quar- rels, gun-powder, fire, and touch, to the great peril and fear of the king's fubj eels J ioc reformation thereof, it is enabled fas is above fet forth). Siibfequent to this, an aft was made, 2 Fff 3 Ed. 6. A 14. which is curious enough, to Ihew the progrefs of fire arms ap- plied to the dellruclion of the game; the fubftance of which is this: Whereas ;in a6l was made in the 33d year of //. 8. for ibme liberty to ihoot in hand-guns, haques, and haqaebius, by which acl; neverthelcfs it was provided, that no perfon iliould Ihoo't in any of the abovefaid pieces, but at a bank of earth, and not at any deer or fowl, unlefs the party might difpend 100 1 i a year, forafmuch as [lie faid. acl having been advifed, as it was . then thought, for neceilary exercife, tending to the defence of the realm, is grown fmce to the maintenance of much iulenefs, ■ and to fuch a liberty, as not only dwelling houfes, dove cots, and churches, be daily damaged by the abufe thereof, by mea of light converfation, but alfo there is grown a cuftomable manner of fliooting of hailjhot, whereby an infinite fort of fowl is killed, and much game thereby dellroyed, whereby alfo the meaning o-f the ftatute is defrauded, for that the faid ufe of hatljhot utterly deltroyeth the certainty of fhooting, which, in wars is much requifue; it is therefore enabled, that no per- fon, under the degree of a lord of parliament, iliall ILoot in any hand-gun within any city cr town at any fowl or other mark, upon any church, houfe, or dove cot, nor fhaU any perfon flioot in any place any hailjhot, or any more pellets than one at a fune_; on pain of 10 1 and imprifonment for 3 months. > This aft continued in force until the 6t^ j W. r, 13. which ' enafts. Whereas by an aft made in the 2 Jif 3 Ed. 6. it v.'as or- dained, that no perfon under the degree of a lord of parliament I fliould flioot in any place any haiiikot, or any more pellets than I one at onetime, on pain of 10 1, and imprifonment for 3 months ; which aft, however ui'eful in thofe days, hatn not for many years laic pall been put in execution, but become ufeicfs and unne- ceifary ; yet ncverthelefs feveral malicious perfons have of late profecuted feveral gentlemen, qualiiied to keep and ule guns, Vipon the faid aft; for remedy whereof, be it enafted, that the faid aft fhall be and is hereby repealed. But the aforefaid aft of the 33 //. 8. c. 6. continues in force, although the objcft thereof doth not now exill. abjure 348 <5Amt^ abjure the realm. And if none fue within the year and day, the king fhall have the fuit. *rrefpajprs] This is, when a man either chafeth in a park, or endeavours to kill fome of the game thereof. 2 InJ. 199. In parks] This acl, becaufe it is very penal, is to be underftood, not of a nominal park eredled without war- rant, but of a lawful park only, whereunto three things are required, i. A liberty, either by grant or prefcription, 2. Inclofure, by pale, wall or hedge. And, 3. Eeafts fava- ges of the park. 2 I>i/i. 199. By the 21 Ed. i.Ji. 2. intitled Dc malefaSior'ihm in par" cis. If any forefter or parker, fliall find any trefpaffers wandriiig within his liberty, intending to do damage there- in, and that will not yield themfelves after hue and cry made to ftand unto the peace, but do continue their ma- lice, and difobeying the king's peace do flee, or defend themfelves with force and arms, altho' fuch forefter, parker, or their afliftants, do kill fuch offenders, they ihall not be troubled upon the fame. By tlie I H. 7. c. 7. When information fhall be made of any unlawful hunting, in any foreft or park, by night, or with painted faces, to any of the king's counfel, or to a juftice of the peace, of any pcrfon to be fufpedted thereof, he may make a warrant to take and arreft the perfon, and to have him before the maker of the warrant, or any other of the faid counfel, orjuftices of the peace; who may by their difcretion examine him of the faid hunting, and of the faid doers in that behalf ; And if the fame perfon wilfully conceal the faid huntings, or any per- fon with him defedlive therein, that then the fame con- cealment be, againft every fuch perfon fo concealing fe- lony. But if he then confefs the truth, and all that he Hiall be examined of and knoweth in that behalf, then the faid offences of hunting by him done, (hall be but tref- pafs fineable at the next general feffions. And if any refcous or difobeyfance be made to any perfon having authority to execute the warrant, by any perfon which fo fhould be arretted, fo that the execution of the warrant thereby be not had, then the faid refcous and difobeyfance fhall be felony. And if any perfon fhall be convict of any fuch huntings, with painted faces, vizors, or other- wife difguifed, to the intent they fhould not be known, or of unlawful hunting in time of night, then the fame perfon fo convict, to have like punitioa as he fhould have if he were convicl of felony, men (!5ame. 349 JFlien Information Jhall be 7nade'] This information muft fnew at leaft juft caufe of fufpicion ; and it muft be takea in writing, becaufe it is the ground of the warrant. 3 Inji. c. 21. In any for eft or park] This doth not extend to a chafe, nor to any foreft or park in ufe or reputation, which are not fo in law. 3 InJi. c. 21, IVilfully conceal] Lord Coke, who is a lover of the com° mon law, and is jealous of every violation of it, feemeth to be out of humour with this adl, and calls it an ill- penned law. He obferves it was the firft that was made for the making of any hunting felony, againft that excel- lent and equal branch of charta de forejia, mdlus de cater a. v'ltam vel memhra amittat pro venatione nojlra ; and this, and other old ftatutes concerning the foreft, are called the good old laws and cuftoms, and commanded to be ob- ferved ; and therefore this new adl is too fevere for wild beafts, whereof there can be no felony at the common law. And therefore the judges (he fays) have made a favourable conftru6lion of it, as is fet forth in the follow- ing notable report : M, 19 ^ 20 El. in the king's bench. Gerrard the queen's attorney general (who was a grave and reverend man) faid openly, that it had been refolved by the judges upon this ftatute, that if a man in the night, or by da^ with painted face, do hunt as above, and being examined according to the ail doth conceal it, yet this is upon the conftrudion of the whole z€t no felony. For the firft claufe concerning the concealment, and the laft claufe concerning the faft itfelf, muft be coupled or joined by conftrudlion together ; that is to fay. If any perfon be convict of fuch hunting with painted face, or of unlawful hunting in the night, this conviction muft be upon not guilty pleaded ; which the judges expounded to be tbe concealment intended in the firft branch ; for they held that it ought to be a judicial concealment, and not an ex- trajudicial concealment before one of the counfel or a juf- tice of the peace, which may lie in averment, fo as be- fore it be felony he muft be convicfled of fuch hunting upon not guilty pleaded firft, and after fuch conviction, then he muft be indi6led again upon the whole mr.trer, that he fclonioufly did conceal it, againft the form of the ftatute; and if the offender upon the firft indictment confefleth the indictment, then it is fuch a judicial cnn- 350 (!5ame. fefTion as this acl intcndeth, and no felony within thio ftatute. This he fays, he heard the attorney report, and did then obfcrve itj which concurring with his opinion, he thought good to publifli, ,ind the rather becaufe in Larn- hard^s juftice, amongfl: his precedents of indidtments, there is an erroneous precedent (he fays) of an indicl- ment of felony for the concealment upon the examina- tion bef)re a juftice of the peace. And upon the whole he thinks it the cleareft way to make it trefpafs, and not felony 5 which the p^rty may do at his pleafure. 3 InJ}. <:. 21. But Lord //^.V fays, that this feems a difEcuit expofi- tion ; for upon his arraignment for the hunting, he only anfwers to that indictment, and is not examined touching others; and befides, if he be indicled for the hunting, if there be evidence to convi£l him of the fail, he is convict of felony before the indictment for concealment comej and if there be not evidence to convivfl him of the princi- pal, how fnall there be evidence to convi£l him of the con- cealment? I H. H. 659. By the i J. c. 27. tvery perfon who ftiall felly or bu)' to fell again, any deer, fhall on convidion at the aflizes, or fefiions, or before two juftices out of feffions, forfeit for every deer .40 s, half to him that will fue, and half to the poor. By the 5 G. c. 28. If any perfon fhall enter into any park, paddock, or other inclofed ground where deer are ufually kept, and wilfully wound or kill any red or fal- low deer there, without confent of the oumer of the ground, or of the perfon intiufted with the cuftody there- of, or fhall be aiding or afllfting therein ; and fliall be convifted thereof before the judge of affizc, upon indic- ment by verdi(£lor confefiion, he fhall be tranfport- ed for feven years, ii. Deer fie aling^ly the 16 Qs. "^^ c. 30. By the 16 G. 3. c. 30. (which repeals in whole or in pa;-t nine former adls relating to this fubjedl) it is enacled as fellows : naityofkiii- I- I^ aiiy pcrfon fhall courfe or hunt, or (hall take in . Oi-atiempt- any flip, noofe, toyle, or fnarc, or fhall kill, wound, ; tokiii. ^j. (je{},oy, or fhall ilioot at, or otherwife attempt to kill wcund or dciLroy, or fliall carry away, any red or fallow deer, ci5ame. 351 deer, In any forcft, chafe, purlieu, or ancient walk, whether inclofed or not, or in any inclofed park, pad- dock, wood, or other inclofed ground, where deer are, have beifh, or fhall be ufaally kept ; without the confent 0/ the owner, or without being otherwife duly :;utho- rifedj or fliall be aiding,., abetting, or affifting therein or thereunto : Every perfon fo offending, by courfing, hunt- ing, fhooting at, or otherv/ife attempting to kill, wound, or deftroy, or by aiding therein or thereunto, fball forfeit for every fuch ofFence the fum of 20 1 ; and every perfon fo offending by killing, wounding, or deftroying, or by taking in any flip, noofe, toyle, or fnare, or by carrying away, or by by aiding therein refpcdlively, fliall for every deer fo wounded, killed, deftroyed, taken, or carried away, forfeit the fum of 30 1. f. i. And if the offender fhall be a keeper of or intrufted with the cuftody or care of fuch deer, he fhall forfeit double. Id. And if any perfon, after having- been convi£l;ed of any of the aforefaid offences, fliall offend a fecOnd time; fuch. fecond offence, whether it be the fame as the firft offence, or be any other of" the aforefaid offences, fhall be adjudged felony, and the offender, being lawfully convicted upoa indidtment, fliall be tranfported^to one of his majefly's plantations in /.rncrica for feven years. Id. And if any offender, who hath been convicted under any of the former a6ls, fhall again commit any of the aforefaid offences againft this aft; he fhall, on proof of fuch former convidlion, be adjudged to have committed a fecond offence, in like manner as if fuch former conviclion had been made under the provifions of this aft. /. 2. And for the more ready convicSlion of perfons for a fecond offence, the juftice before whom he fhall be con- vi6ted for the firft offence fhall tranfmit the convi6tion to the next fefTions, to be there filed amongfl the re- cords ; and fuch conviflion fo filed, or a true-coj:>y there- of certified and fubfcribed by the clerk of the peace, fhall be fuflicient evidence to prove the convidlion of fuch firfl offence, f. 3. 2. It fhall be lawful for one juflice, on complaint to Warrant to him made on oath by any credible perfon, that there is *«-'^-^th. leafon to fufpecSt any perfon of having in his cuflody or poffeflion, or in any dwelling houfe, out-houfc, yard, garden, or place, any red or fallow deer which fhall have been unlawfully killed, or the head, fkin, or other part 2 thereof. 352 (t^ame. thereor, or any flip, noofe, toyle, fnare, or other engine, for the unlawful taking of deer, by his warrant (U) to caufe fuch perfon, and fuch dwelling houfe, out-houfe, garden or place to be fearched ; and if any fuch fhall be found, to caufe the fame, and fuch perfon fo having pofleflion, or in whofe dwelling houfe, out-houfe, garden, or other place, the fame fhall be found, to be brought before any juftice having jurifdi£lion : And if fuch per- fon (hall not produce before fuch juftice the party of ■whom he received the fame, or fatisfy fuch juftice that he came lawfully by fuch deer, or the head, f)cin, or other part thereof, or had a lawful occafion for fuch flip, noofe, tovle, fnare, or other engine, or did not keep the fame for any unlawful purpofe ; he fliall forfeit not exceed- ing 30 Ij nor lefs than 10 1, at the difcretion of fuch juftice. / 4. And if any red or fallow deer fufpecled to have been unlawfully killed, or the head, fkin, or other part of fuch deer, fhall, on fearch under a warrant from a juftice, be found in the pofleffion or cuftody of any perfon, or in any owelling houfe, out-houfe, garden, or other place, or (hall be proved to have been in the poflefTion, houfe, out-houfe, garden, or place, of any perfon who may be juftly fuf- pe6ted to have come diftioneftly or unlawfully by the fame as aforefaid ; and fuch perfon fo in pofTeflion, or the owner or occupier of fuch dwelling houfe, out-houfe, gar- den, or other place, fhall not, under the provifions afore- faid, be liable to conviction ; in fuch cafe, for the dif- covery of the party who actually killed or ftole fuch deer, it Ihall be lawful for any juftice having jurifdi6tion, as the evidence given and the circumftances of the cafe fhall require, to fiimmon before him every perfon through whofe hands fuch deer, or the head, fkin, or other part thereof, fhall appear to have palTed ; and if the perfon from whom fuch deer, or the head, fkin, or other part thereof, (hall appear to have been firft received, or who having had polFeilion thereof, (hall not give proof to the fatisfaction of fuch juftice, that he came lawfully by the fame, fuch perfon ftiall, on every conviction, forfeit not exceeding 30I, nor lefs than 10 1. / 5. And if it fhall appear on the oath of one witnefs, that nnv perfon hath, or haih had, in his polTefTion, houfe, out- houfe, garden, or place, any red or fallow deer, or the fKin, head, or other part thereof, and fhall be reafonably fufpe£ted to have come difhoneftly or unlawfully thereby; every fuch perfon, and all others through v/hofe hands 1 "the ©amt 353 ihe fame (hall appear to have pafTed under the like fufpi- cion, may be proceeded againft in like manner and form, and on convi£lion ftiall be Tubjetfl and liable to the fame penalty, as if fuch deer, or the head, fein, or other part thereof had been found in the pofleffion, houfe, cuthoufe, garden or place of fuch perfon, on fearch made by v/arrant as aforcfaid. f. 6. 3. If any perfon fhall fet, lay, or ufe, any net, wire, Setting nsts or flip, noofe, toyle, or other engine, for the purpofe of'""*^' taking or killing deer, within or upon any foreli, chafe, purlieu, or ancient walk, or in the ring or outer fence or bank dividing the fame from the adjoining lands 5 or in any inclofed park, paddock, wood, or ground, where deer are, have been, or fhal! be ufually kept (fuch perfon not being the owner of fuch foreft, chafe, purlieu, ancient walk, park, paddock, wood, or ground, or intruded with the care of the deer within the lame), and fhail be con- vl^ied of any fuch ofl-ence } he (Hall forfeit for the firft ofFcnce not exceeding 10 1 nor lefs than 5 1, and for every other offence any fum not exceeding 20 1 nor lefs than lol. / 7. 4. If any perfon fhall wilfully pull down or deftroy, I'uiimg '^'^wn or caufe to be wilfully pulled down or deltroyed, the P^l^ fences? °' '^^"^ or pales, or any part of the walls, of any foreft, chafe, purlieu, ancient walk, park, paddock, wood, or other ground, where any red or fallow deer fliall be then kept, , without the confent of the owner or perfon chiefly in- truded with the cuftody thereof, or being otherwife duly authorized ; he fiial! be fubjesSl to th£ forfeiture hereby infli6led for the firft offence of killing any deer. f. 8. 5. If any perfon, carrying any gun or other fire arms, Seizing of dogs, or any fvi'ord, ftaff, or other offenfive weapon, fhall come S""> °''*^'^" into any foreft, chafe, purlieu, or ancient walk, or into " any inclofed park, paddock, wood, or into any other ground where deer are ufually kept, be the fame inclofed or not inclofed, v»'ith an intent unlawfully to fhoot at, courfe, or hunt, or to take in any flip, noofc, toyle, fnare, or other engine, or to kill, wound, deftroy, or take away, any red or fallow deer; it (hall be lawful for the ranger or keeper or perfon intruded with the care of fuch deer to feize and take from fuch peifon, in and upon fuch foreft, chafe, pUilieu, ancient walk, park, paddock, wood, or other ground, for the ufe of the owner thereof refpeilively, all I'uch guns, fire arms, flips, noofe?, toyles, fnarcs, or other engines, and all dogs there brought for courfing d^er, in like manner as the gamekeepers of Vol. II. Z manors 3 54 (Burnt. manors are impowered by law within their refpec^ive ma- nors, to felze and take dogs, nets, or other engines, in the cuftody of perfons not qualified by law to keep the lame. And if any fuch perfon fhall there unlawfully beat or wound any ranger or keeper, or his fervants or aiTifl-ants in the execution of their office, or fliall attempt to refcue any perfon in the lawful cuftody of any fuch ranger, keeper, fervant, oraffiftant ; he fhall be guilty of felony, and being convi^led on indictment fhall be tranf- ported to one of his majefty's plantations in Jmerica for feven years. /. q. Apprehending 6. On Complaint or information (W) on oath of one ortcadcrs. wltnefs before one juflice, of any offence againfl this a<3:; fuch iufticc (except in fuch cafes only where the juf- ticeis fpecially directed previoully to fummon the party be- fore him) may by his warrant (X) caufe the party com- plained of to be apprehended and bi-ought before him, at fuch time and place as fhall be fpecified in fuch warrant: And thereapcn fuch juRice may proceed to hear and deter- mine the matter of fuch complaint. And in cafe where it is provided by this a6t, that the party complained of fiiali be fummoned to appear; if the party fo fummoned Ihall not appear, then on proof of the fervice of fuch fummons, either perfonally, or by leaving the fame at his dwelling houfe, lodgings, or other ufual place of abode, it fnall be lawful for the juflice to apprehend him by warrant, and to proceed as if no previous fummons had been dire8, 9. - . , T 6. By the Black A6I: abovementioned. If any perfon, Felony without being armed and difguifed, fhall appear in any warren or '^«"efit of clergy, place where .conies are ufually kept, or unlawfully rob any fuch warren ; or (whether armed and difguifed or not) fhall refcue any perfon in Guftody for fuch offence, or procure any perfon to join him therein; he (hall be guilty of felony without benefit of clergy. y. No perfon fliall kill or take in the night any conies Kliiingln the upon the borders of wrirrens, or other grounds lawfully "'^j' "V.**^^ J- , ,- , , ,. , . r ■ / L borders of war- uled tor the breeding or keepmg or conies (except the owner or poffeflbr of the ground, or perfons employed by them) ; on pain that the offender, on convidion in one month after the offence, before one juftice, by confef- fion, or oath of one witnefs, fhall give to the party in- jured fuch damages and in fuch time as fhall be appointed by the juftice, and over and above pay down prefently to the overfeers for the ufe of the poor fuch fum not exceed- ing 10 s, as the juftice iliali appoint ; which if he fhall not do, the juftice fliall commit him to the houfe of cor- rection for fuch time as he (hall think fit, not exceeding one month. 22 b' 23 C. 2. c. 25. /.' 5. The ftatute faith, upon th? borders of warrens j but if they are out of the warren, no perfon hath any property in them, and a man may juftify killing them if they eat up his corn ; but no acSfion lies againfl the owner of the warren. 5 Co. 104.. Read. Game. So a perfon that hath a right of common may kill them, when they are out of the warren and deftroy the common ; but he cannot have an action on the cafe againft the lord, for that would be to create a multi- plicity of adions. Cro. El, 548. Cro. Ja, 195. Cro, Car. 388. For a man cannot have an ai5lion for another man's conies breaking into his ground, becaufe they are no longer the other's than while they are in the warren or place where i>e hath a right to keep them ; fo that no violation hereby arifes to the property of one man by the beafts of another ; but the conies, being in their natural liberty, may be lawfully killed by the owner of the foil. 2 Bac. Abr. 614. But 366 €»ame. But if the lord hath a right to put conies upon the common, and by an excefs in the number furcharges the common, and by the number of burrows made by the conies prevents the comm.oner's cattl^ from depafturing the common ; an a6tion in fuch cafe is the proper reme- dy, and the tenant may not of his own accord fill up the burrows and remove the nufance. As in the cafe of Cooper V. Marj})aU E. 30 G. 2. By lord Mansfield Ch. J. The Queftion in this cafe is not, whether the a6l of the lord be or be not hurtful, or how far it may be fo : but the queftion turns upon the remedy, whether it is abat- able, whether the com.moner can do himfelf juftlce. It may be prejudicial to the commoner, yet not injurious j it may be both prejudicial and injurious, yet not abatable. The lord, by his grant of common, gives every thing in- cident to the enjoyment of it, as ingrefs, egrefs, and the like : and thereby authorizes the commoner to remove every obftruction to his cattle's grazing the grafs which grows upon fuch a fpot of ground : becaufe every fuch ob- ftruflion is diredly contrary to the terms of the grant. A hedge, a gate, or a wall, to keep the commoner's cat- tle out, is inconfiftent with a grant which gives them a right to come in. But the lord ftill remains owner of the foil ; and is not debarred from exercifing any ad of ownerfhip. The commoner has no right to meddle with the foil. In the prefc'nt cafe, the lord has done nothing contrary to the grant. He hath not obftrucled the com- moner from entring and putting in his cattle. The lord has a right to put conies upon the common. The conies themfelves naturally make the burrows. So that they are incident to the right of putting on the conies. If the lord furcharges, the commoner is injared in his right of common, it is true: But what is the commoner's re- medy ? Not, to abate ; not, to be his own judge, in a complicated queftion, which may admit of nicety to de- termine. 'There is a certain line to be drawn. The lord has a right fo far, but no farther. Yet the com- moner cannot deftroy or drive ofF the conies ; nor, con- fequently can he deftroy the burrows, which is in effect deftroying the conies. By A'Ir. Juflice Denifon : Upon the record of this cafe, in muft be taken, that the plaintifF was owner of the foil, and had a free warren ; and that there is not fufficient common left, by the in- creafe of the conies, for the ufe of the commoner. The quertion then is, whether the comm.oner fhall be intrufted £0 deftroy the eftate of the lord, in order to preferve his owa 3^7 own right of common. This would be toconftlfute him- lelf judge in his own caufe : No, let him take his proper remedy. A coney-burrow is not of its own nature a nufance : On the contrary, it is eflential to a free warren. Therefore the nufance depends upon the number of them : And you can, at the utmoft, only abate fo much of the thing as is a nufance. You cannot deftroy the whole (which is the right here claimed) ; but only fo much of the thing as makes it a nufance. By Mr. Juftice Fojier : This juftification is clearly bad. It is founded oji a claim of right which cannot be maintained. It is ad- mitted, that a commoner cannot in this cafe deftroy the conies. Confequently, he cannot deftroy the burrows ; for the efFeCl is, deftroying the conies, if the lord has exceeded the bounds of his right, the law is to determine the quantum of fuch excefs ; and to the law the com- moner muft refort for his remedy, if he is aggrieved. Bur- rovj. Mansfield. I'^l 8. If any perfon fhall be found or apprehended fet- Setting fnares. ting or ufing any fnares or other like engines, for taking of conies, and fiiall be thereof in like manner convicted, he fliall give to the party grieved fuch damages, and in fuch time as the juftice fhail appoint, and pay down prefently to the overfeer for the ufe of the poor fuch fum not exceed- ing 10 s, as the juliice fliall appoint ; which, if he fhall not do, the juftice fhall commit him to the houfe of corredlion not exceeding one month. 22 ^ 2^ C". 2. c. 25. / 6. 9. if any perfon not having lands or hereditaments ^'^epins ="* of 40 1 a year, or not worth in goods 2C0 1, fhall ufe ^'"'^'* any gun or bow to kill conies, or fhall keep any ferrets or coney dogs (except he have grounds inclofed for keeping of conies, the increafmg of which fhall amount to 40 s a year to be let, and except warreners in their war- rens) ; in fuch cafe, any perfou having lool a year may feize the fame to his own ufe. 3 y, c. i2>- f' 5* VI. Laws concerning the winged game in particular* I. Of hawks and hawking. II. Of /wans. i ///. Of partridges and pheafants, IV. Of pigeons. V. Of wild ducks .^ wild gee/fj and oth.r water- fo uoL VI, Of 3^5 d^ame^ VL Ofheath fowl ygrouje^ and h lift ards\ VI I. Of herons. Fill. Of other fowl, I. Of haivks and hawking. What hawks a J. No man fliall bear any hawk of the breed o( Evg" man iliali bear, j^^^j^ called a nyeHe, golhawk, tafTel, laner, laneret, or faulcon, on pain of forfeiting his hawk to the king. And if he bring any of them over fea, he fhall bring a certifi- cate thereof from the officer of the port; on the like paia of forfeiting the fame to the king. And the perfon that bringeth any fuch hawk to the king, fhall have a reafon- •able reward of the king, or elfe the hawk for his labour. II H. J. c. ly. Perfon finding a 2. Every perfon who findeth a faulcon, tercelet, laner hawk. ot- laneret, or other hawk that is loll:, ihall prefently bring the fame to the (herifF; and the ftaeriff fhall make pro- clamation in all the good towns in the county, that he hath fuch an hawk in his cuftody ;' and if he is challenged in four months, the owner fliall have him again, paying the cofts : if he is not challenged in four months, the Iheriff fhall have him, making gree to him that took him, if he be a fimple man ; but if he be a gentleman, and of eflate to have the hawk, then the fherifF fhall redeliver to him the hawk, taking ef him reafonable cofts for the time that he had him in his cuftody. 34 Ed. 3. c. 22. Stealing a hawk. 3, And if any man fleal any hawk, and the fame carry away, not doing the ordinance aforefaid ; it fliall be done of him as of a thief, that flealeth a horfe or other thipg, 37 Ed. 3. c. 19. That' is, he fhall be guilty of felony, but fliall have his clergy. 3 hi/l. gS. Taking hawks 4- If any perfon fhall take away any hawks or their or eggs out of eggs, by any means unlawfully, out of the woods or the woods. ground of any perfon ; and be thereof convicted at the affizes or feflions, on indictment, bill, or information, at the fuit of the king or of the party ; he fhall be im- prifoned three month?, and fhall pay treble damages ; and * after the three months expired, fhall find fureties for his good abearing for feven years, or remain in prifon till he doth. 5 £/. r. 2t. / 3. But by a mere ancient flatute, no man fhall take any ayrc, faulcon, gofhav/k, taflel, laner, or laneret, in their warren, wood, or other place ; nor purpofely drive them out of their coverts accuftomcd to breed in, to caufe them 2 to iii^4^U«.C» '560 to go to other coverts to breed ; nor flay them for any hurt done by them : on pain of lO 1, half to him that will fue before thejuftices of the peace, and half to ihe king. II 77. 7. c. 17. . And no manner of perfon, of what condition or degree he be, fball take or caufe to be taken, on his own ground or any other man's, the eggs of any faulcon, gofhawk, or laner, outof the neft ; on pain (being convided there- of before the juftices of the peace) of imprifonment for a year and a day, and fine at the king's will ; half to the king, and half to the owner of the ground where the eggs were taken, td. 5. If any manner of perfon fliall hawk in another Hawking i^ rhan's corn after it is eared, and before it is fhocked ; and '^"'^"' be convicled at the aflizes, fe/fions, or leet; he fhall for- feit 40 s. to the owner : And if not paid in ten days, he fliall be imprifoned for a month. 23 EL c. 10. //. Of Swans. 1. No perfon (other than the king's fon) unlefs he Qualification to have lands of freehold to the value of five marks a year, l-e.pfwjns. Ihall h;ive any mark or game of fwans ; on pain of for- feiting the fvvans, half to the king, and half to any per- fon (fo qualified) who Ihall feize the fame. 22 Ed. 4. C.6. 2. It Is felony to take any fwans that be lawfully mark- Stealing fwana ed, tho' they be at large. Dalt. c. 156. m-ir^e ■2. And as to fwans unmarked : if they be domeflical Swans un- •f .u ^ • I • A * marked. or tame, that is, kept jn a moat, or in a pond near to a dwelling houfe, to fteal fuch is alfo felony. Dalt. c. 156. So it feemeth of fwans unmarked, fo long as they keep within a man's manor, or within his private rivers ; or if they happen to efcape from thence, and be purfued and taken,- and brought in again, id. But if fwans that are unmarked fhall be abroad, and fhall attain to their natural liberty, then the property of them is lofl ; and fo long, felony cannot be committed by taking them. id. And yet fuch unmarked and wild fwans the king's of- ficers may feize (being abroad) for the king's ufe, by his prerogative. Alfo the king may grant them, and by confcquence another may prefcribe to have them, within a certain precin61 or place, id. 4. Every perfon who fliall take the eggs of any fwans Swans cgc;s. out of the neit, or wiilinglv fooil them in the neft j and Vol. IL ' A a fhall I 370 d^aine. fhall be convifled thereof before two juftices, by confef- fion, or oath of two witneflfes ; {hall be committed to gaol three months, unlefs he pay to the churchwardens for the ufe of the poor, 20 s for every egg ; or after one month of his commitment, become bound by recogni- zance with two fureties in 20 1 a piece, before two juf- tices, never to offend again in like manner; which re- cognizance fliall be returned to the next feflions. i jr. i:. 27-/2. But by a more ancient ftatute, no perfon fhall take or caufe to be taken, on his own ground or any other man's, the eggs of any fwan ; on pain (on convitSlion before the juftices of the peacej of imprifonment for a year and a day, and fine at the king's will, half to the king, and half to the owner of the Iwans. 11 //. 7. c. ij. III. Of partridges andpheqfants. Partridges and pheafants are birds of warren, and the law feems peculiarly to prote£l them j as appears by what follows : Taking themin i. By the II H. 7. c. 17. It is enabled, that no per- *"°n'T """^ ^°" ^^ what condition he be, fhall take or caufe to be taken, any pheafants or partridges by nets, fnares, or other engines, out of his own warren, upon the freehold of any other perfon, without the fpecial licence of the owner or poffeflioner of the fame; on pain of 10 1, half to him that fhall fue, and half to the owner or pofieiTioner of the ground where they fhall betaken. Taking them 2. Every perfon who fhall fhoot at, kill, or deftroy Nvith dogs, nets, ^^y phcafant or partridge, with any gun or bow ; or Ihall their r^gs.' take, kill, or deftroy them with fetting dogs or nets, or with any manner of nets, fnares, engines, or infrruments whatfoever ; or fhall take their eggs out of the ncft, or fpoil them in the neft j fhall on convi^Slion before two juftices, by confeiTion, or oath of two witnefl'es, be com- mitted to gaol three months, unlefs he pay upon convic- tion to the churchwardens for the ufe of the poor, 20 s for every pheafant, partridge, or egg ; or after one month after his commitment, become bound by recognizance with two fureties, before two juftices, in 20 1 each, not to offend again in like manner. The recognizance to be returned to the next feflions. i J. c. I'j.J- 2. And by the 7 y. c. il. Every perfon who fliall take, kill, or deftro}', any pheafant or partridge, with letting dogs (15ame. 371 tdogs and nets, or otherwife with any manner of nets, fnares, or engines, fliall on convitflion before two juf- tices, by confeiTion, or oath of one witnefs, be commit- ted to gaol for three months, unlefs he forthwith pay tp the churchwardens or overfeers 20 s for every pheafant or partridge 3 and further to become bound by recog- nizance of 20 I before one juftice, that he ihall not tht:re- after kill or deftroy any pheafant or partridge. The re- cognizance to be filed at the next feffions. 3. Every perfon who fliall fell or buy to fell again. Selling or buy- any partridge or pheafant (except they be reared and '"S* brought up in houfes, or brought from beyond Tea) ; fhall on convidion at the affizes or feiTions, or before two juf- ticcs out of feffions, forfeit for every partridge 10 s, and for every pheafant 20 s, half to him that will fue, and half to the poor, i "J. c. 27. / 4. 4. By the 23 EL c. lo. If any perfon, of what eftate, Talcing in tlie desrree, or condition foever, fhall take, kill or deftroy any "'^^f' °'' "" ^ , ^ . ■ . , ... Ill,- Sundsv or pheaiants or partridges in the night time ; and be thereof ciujitinas dav. convi6led at the aflizes, feiTions, or leet j he ftiall forfeit for every pheafant 20 s, and for every partridge 10 s, half to him that ihall fue, and half to the lord of the manor, unlefs fuch lord (hall licenfe or procure the faid taking or killing, in which cafe the faid half fliall go to the poor, to be recovered by any one of the churchwardens ; and if ' not paid in 10 days after convidlion, he fhall be imprifoneJ for one month : And moreover, bcfides fuch forfeiture and imprifonment, he fliall give bond to fome juftice of the peace, with good furcties, not to offend again in like manner for the fpace of two years. By the 9 Jn. c. 25. If any perfon whatfoever fnall take or kill any pheafant or partridge in the night time ; he fhall on convidlion before one juftice, on oath of one wit- nefs, forfeit 5 1, half to the informer, and half to the poor, by diftrefs ; for want of diftrefs, to be fent to the houfe of correction for three months for the iirft oftence, and for every other ofFence four months. And by the 13 G^- 3- ^.80. If any perfon ftiall knov/ingly and wilfully kill, take, or deftroy, or ufe any gun, dog, fnare, net, or other engine, v/ith intent to kill, take, or de- ftroy any pheafant or partridge in the night, that is, between the hours of 7 at night and 6 in the morning from the 12th day of Odlober to the 12th day of February, and between i 'the hours of 9 at night and 4 in the morning from the 12th day of February to the i 2th day of October ; or, in the day lime, on a Sunday or Chriftmas day; he fhall forfeit A a 2 ' f^'i" 6 72 for the firft offence not exceeding 20 1, nor lefs than 10 1 j /or the fecond offence, not exceeding 30 1, nor lefs than 20 1 ; for the third and every other fubfequent offence 50 1. To be le\'ied and recovered as the like penalties for killing any hare in the night, or on a Sunday or Chrift- mas day, as is above fct furth. Atwliattlme 5- Every perfon whatfoever, who fhall hawk at, de- hawking at flroy, or kill, any pheafant or partridge, with any kind pr!liibiud'. ''^ of hawk, or dog, by colour of hawking, between the firft of yulj, and the laft of Jugn/f^ (ball on convidion before two juftices, by coiifeffion, or oath of two wit- nefles, in fix months after the offence, be committed to gaol for one month, unlefs he pay upon conviftion to the churchwardens or overfeers for the ufe of the poor, 40 s for every fuch hawking at any pheafant or partridge, and 20 s for every fuch pheafant or partridge which he, his hawk, or dog, fliall take or kill, y y^c. 11./. 2. Within \vliat 6. Finally, by the 2 G. 3. c. 19. No perfon fhall, times taiting upon any pretence whatfoever, take, kill, carry, fell, buy, v'^To'^iTh^ or have in his poffefiion or ufe, any partridge between prohibited. Feb. 12, and Sep. r ; or any pheafant between Feb. i, and 06t. i, yearly ; on pain of forfeiting, on convi6tion by one witnefs, in any of the courts of record at TVeJl- minjler^ 5 1 for every fuch fowl, with full cofts. But this not to extend to any pheafant taken in the feafon allowed by this aft, and kept in any mew or breeding place. IV. Of pigeons. W'-.omj'/ ?:-c (ft T. A lord of 2 manor may build a dove-coat upon his a fiove coat. own land, parcel of the manor ; but a tenant of a manor cannot do it without the lord's licence. 3 Salk. 248. But any freeholder may build a dove-coat on his own ground, Cro. EL 54.8. Cro. Ja. 382. D>ve coat not a 2. And it hath been adjudged, that erecting of a dove- nufance. houfe is not a common nufiiuce, nor prefentable in the leet. Cro. yac. 490, I. KJiii-swiih 3- By the i y. c.i'j. f. 2. Every perfon who fhall -s f^ctsj or flioot at, kill, or deflroy any houfe-dove or pigeon with any gun or bow; or fliall take, kill, or deflroy the fame v./ith fetting dogs and nets, or with any manner of nets, fnares, engines, or inftruments whatfoever ; fhall, on convidtion before two juftices where the ofJence fhall be committed or the offender apprehended, by confeflion, or oath :;nes. 373 oath of two witnefles, be committed to gaol three months, unlefs he pay to the churchwardens for the ufe of the poor of the parifh where the ofrence was committed or the offender apprehended refpc»?iively, 20 s for every pigeon, or after one month after his commitment, become bound by recognizance with two fureties, before two juftices, in 20 1 apiece, not to ofFend again in like manner. The re- cognizance to be returned to the next fellions. And by the 2 G. 3. c. 29. If any perfon fliall flioot at with an intent to kill or by any means kill or take, with a wilful intent to deftroy any houfe-dove or pigeon, and ihall be thereof convi6ied, by confeffion or oath of one witnefs, before onejuftice where the ofFence was commit- ted or the party apprehended, he fliall forfeit 20s to. the profecutor; and if not forthwith paid, fuch juflice may commit him to the gaol or houfe of corredion, not ex- ceeding 3 kalendar months nor lefs than one, unlefs the forfeiture fhall be fooner paid. But this not to extend to the owners of dove-coats, with regard to their owa pigeons. And perfons convifted on this a6t, fhall not be conviiled on any former a£t : and profecutions on this a£t fhall be conimenced and carried on with efFe6l within two months after the offence committed, and perfons impri- i'oned for default of payment of the penalty, fliall not be hable afterwards to pay fuch penalty. 4. But if the pigeons come upon my land, and 1 kill Pigeons tref- them ; the owner haih no remedy againft me j tho' I may P-''""S« be liable to the llatutes which make it penal to deftroy them. Cro. ya. 492. 5. Doves in a dove-houfe*, young and old, fiiall go to Pigeons to go to the heir, and not to the executor, i hji. 8. ^^^^ ^'=''^' F. Of Wild ducks J zvild geejcy and other water fowL I. Every perfon who fliall flioot at, kill, or defliroy shooting water with any gun or bow, any mallard, duck, teal, or wid- *'^'*'* geon ; and the fame be proved by confeffion, or oath of two witneffes, before twojuftices; — fliall be committed to gaol for three months, unlefs he pay to the church- wardens for the ule of the poor, 20s for each fowl, or , after one month after commitment become bound by re- cognizance with two fureties, before two juftices, in 20 1 each, not to offend again in like manner: Which re- cognizance fliall be returned to the next il'ilions. i y. c. 27,/ 2. A a 3 2. No 374 (Btum- Not to be taken 2. No perfon, between the lad day of Aluy, and the in^ths mouit- jg^. (jgy of Juguj} yearly, (hall take, or caufe to be taken, "' ' any wild ducks, mallards, widgeons, teals, or wild geefe, with nets or other engines ; on pain of a year's Impri- fonment, and to forfeit for every fowl (o taken 4. d, half to the king, and half to him that will fue by aSlion of debt : Alfo the juilices of the peace may enquire of, hear and determine the 'fame, as in cafes of trefpafs. 25 H. 8. c. II. Neverthelefs, any gentleman, or any other that may difpend 40 s a year of freehold, may hunt and take fuch wild fowl with their fpaniels only, without ufing a net or other engine except the long bow. id. But by a fubfequcnt ftatute, if any perfon whatfoever (between yune i. and 0^. i. yearly, 10 G. 2. c, 32.) fhall by hays, tunnels, or other nets, drive and take any wild duck, teal, widgeon, or any other water fowl, in any place of refort for wild fowl in the moulting feafon ; and fhall be convicted thereof before one juftice by the oath of one witnefs ; he (hall for every fuch fowl forfeit 5 s, half to the informer, and half to the poor, by diftrefs, ren- dring the overplus above the penalty and charges of dif- trefs ; for want of diibefs, to be committed to the houfe of corredlion not exceeding one month, nor lefs than 14 days, to be whipt and kept to hard labour. And the rets to be feized and deilroyed in the prefence of the juftice. 9 Jn. c^ 25. / 4. PeRrojing their 3. No perfon from 7M7rc^ 31, to yune 2^f yearly, fiiall ^£SS' take or deftroy the eggs of any mallard, teal, or other water fowl ; on pain of a year's imprifonment, and of forfeiting for every egg one penny, half to the king, and half to him that will fue by action of debt; or, the juf- tices of the peace may determine the fame as in cafes of trefpafs. 25 //. 8. r. 1 1. VI. Of heath fovjj, g^^Hf^i ^'^^ lujlards, ■ Shooting. I. Every perfon who ihall fhoot at, kill, or deftroy, with any gun or bow, any groufe, heath-cock, or moor game ; fball on conviction before two iuftices, by ccn- feff.on, or oath of two witnefTes, be committed to gaol for three months, unlefs upon conviction he pay to the churchwardens. for the ufe of the poor, 20 s, for each fowl, or after one month after his commitment, become bound by recogniz-.nce with two fureties in 20 1 each, before d^ame. 375 before two juftices, not to offend again in like manner : the recognizance to be returned to the next reffions. i J. c. 27. /. 2. 2. No perfon (hall, upon any pretence whatfoever, wil- Within what fully taice, kill, deftroy, carry, fell, buy, or have in his pof- j^'.'JJ^^ ""'y^" ''^ feffion or ufe, any heath fowl commonly called Black gar/ie, between Dec. lO, and Aug. 20; nor any groufe commonly called Red game., between Dec. lO, and Aug. 12 ; nor any bujlard^ between Mar. i, and Sep. i, in any year ; on pain of forfeiting for the firft offence any fum not exceed- ing 20 1, nor lefs than 10 1; and for the fecond and every fubfequent offence, not exceeding 30 1, nor lefs than 20 1; half to the informer, and half to the poor. 13 G. 3. r. 55. /. I, 2, 4. To be recovered in any of his majefty's courts of record at Weflminfter, on profecution within 6 kalendar months after the offence committed. ^ Or the fame may be re- covered before one juftice, information on oath being made before him w^ithin three kalendar months after the offence committed ; vi^hich faid juftice may convid the offender by confeflion or oath of one witnefs : and oa negledl or refufal to pay, fhall levy the fame by diftrefs, together with all cofts and charges attending the fame. And fuch juftice may order the offender to be detained ia fafe cuftody, until return may conveniently be had to the warrant of diftrefs, unlefs the faid offender {hall give fe- curity, by recognizance or otherwife, to the fatisfac- tion of fuch juftice, for his appearance before him on the day appointed for the return of the warrant of diftrefs, fuch day not exceeding 5 days from the time of taking fuch fecurity. And if no fufficient diftrefs can be had, fuch juftice fhall commit the offender to the common gaol or houfe of correction, there to be kept to hard labour for any time not exceeding 6 nor lefs than 3 kalendar months, unlefs the forfeiture, and all cofts and charges attending the profecution be fooner paid, f, 3' ^' 9- .... And the convi(5lion fhall be drawn up m this or the like form : Be it remembred^ that on the • day of in the year of our Lord A. B. Jiaving appeared before me one of his mnjcfly^s jiflices of the peace for the county of . and due proof having been made upon oath by one or more credible witnefs or zvitnejfesy, or by co^feffion of the party (as the cafe may be) is conviSied of ((pGciiying the offence, with the time and place where the fame was committed, and alfo fpecifying if known, that it is the A a 4 firft. J 76 (15am t^ fiifi, fecond, or any fubfequent offence againft this act, as the cafe Ihall be). Given under my hand and feal tha dijy and year o for efaid. Which convi£lion the juftice fnall caufe to be written on parchment, and returned to the next feflions, there to be filed and kept amongit the re- cords. And the clerk of the peace Ihall grant copies thereof, on payment of i s for each copy. f. 6, 7. And if any perfon fhali think himfelf aggrieved, he may appeal to any general quarter feffions to be holden within four kalcndar months after the caufe of complaint fliall arife, giving fourteen days notice in writing to the iuftice and to every other perfon againft vvhcm complaint fhall be made J and in four days after fuch notice, entring into recognizance before a juRice with one fufficient fure- ty, conditioned to try the appeal at, and abide the order of, and pay fuch coffs as fhali be awarded by the juftices at fuch fefTions. And the juftice, having received notice of appeal, (hall return all proceedings had before him, touching the matter of the faid appeal, to the juflices at fuch feffions. And the faid judices upon proof of the notice given, and of the entring into fuch recognizance, ihall determine the appeal in a fummary way, and award cofls to either party. And none of the proceedings fliall be quafhed for want of form, nor removed by certiorari or other procefs into any of the courts at WeAminfter. / 10. KilHng in the 3* By the 9 Jn. c. 25. If any perion whatfoever fliall night,orcna take or kill any moor, heath-game, or groufe, in the night time; he (hall, on conviction before one jullice, on the oath of one witnefs, forfeit 5 1, half to the informer, and half to the poor, by diilrefs ; for want of diftrefs, to be fent to the houfe of correction for three months for the firfl offence, and for every other offence four months. And by the 13 G. 3. c. 18. If any perfon fhall know- ingly and wilfully kill, take, or dellroy, or ufe any gun, dog, fnare, net, or other engme, with intent to kill, take, or deflroy, any moor game or heath game, in the night, ^'/z. between the hours of 7 at night and 6 in the morning from the 12th day of Odober to the 12th day of February, and between the hours of 9 at night and 4 in the njorning from the 12th day of February to the 12th day of October ; or, in the day time, on a Sunday or Chrillmas day : he fnall forfeit for the firft offence not exceeding 20 1 nor lefs than lol, for the fecond offence not exceeding 30I nor lefs than 20 1, for the third and every other fubfequent offence 50 1, To be levied and recovered Sunday or Chrillmas dav. il^.....:, 377 recovered as the like penalties for killing any hare in the iiight, or on a Sunday or Chriftmas day, as is above fet forth. 4. For the better prefcrving the red and black game of Curning ling, groufe commonly called heath-cocks, or heath-poles, nq perfon whatfoever on any mountains, hills, heaths, moors, forefts, chafes, or other wailes, fhall prefume to burn between Feb. 2, and June 24, any grig, ling, heath, furze, gofs, or fern ; on pain of being committed to the houfe of corredion, for any time not exceeding one month, nor lefs than ten days, there to be whipt and kept to hard la- bour. 4^5 ^. c. 23. J. II. As here is no method of conviction directed for this offence, the juflices of tne peace feem to have no cogni- zance thereof; but the trial and conviiStion rauft be at the afTizes, or in the courts at lyc/lminjter. In the 5 y/«. c. 14. there are particular diredlions con- cerning the burning o.' ling, heath, or brakes in Sherwood foreft, and other places in Nottingham/hire^ which not be- ing of general concern are here omitted, VIL Of herons. 1. Every perfon who fhall {hoot at, kill or deftroy any S'^''°''"S heron, with gun or bow, fhall on convi6lion before """^* two juftices, by confeffion, or oath of two witnefles, be committed to gaol for three months, unlefs on conviction he pay to the churchwardens for the ufe of the poor, 20 s for each heron, or aftt^r one month from his commitment, become bound by recognizance wich two fureties in 20 1 each, before two juftices, not to offend again in like man- ner : The recognizance to be returned to the next feffions. 1 J. c. 27. /. 2. 2. No perfon, without his own ground, (hall flea, take, l^^o'^-e fliail take or caufe to be taken, by means of craft or engine, any j ""^ '^ ■'^^~' herons, unlefs it be wich hav/king, or with long bows ; on pain of 6 s 8 d, to him who {hall fue by adlion of debt : or the fclTions may call before them perfons fufpedtcd, and examine them ; and if found in default, may commit therrj till they have found furety for payment of the forfeiture to the king; and the juftices fhall have the tenth part of the forfeiture for their labour, ig H. 7. C. II. 3. And no perfon, without his own ground, {hall take Youns herons, any young herons out of the neft J on pain of 10 s in like manner, forevery young heron, 19 H. 7. c, 11. 4. And 378 ($amt: jgs. 4. And If any psrfon from March 31, to June 30, fhall take or deftroy the eggs of any heron ; he fhall be impri- foned for a year, and forfeit for every egg 8 d, half to the kin?^, and half to him that will fue by action of debt, or before the juftices of the peace. 25 H. 8. c. 1 1, VIII. Of other foz^L In general ; No manner of perfon, from the laft day of March to the laft day of June yearly, fhall by day or night, take, or deftroy any eggs of any kind of wild fowl, from or in any neft or place, where they fhall chance to be laid by any kind of the fame wild fowl; on pain of imprifonment for a year, and to forfeit for every egg of a buftard 20 d, of fa bittour or fhovelard 8 d, and of other wild fowl (except crows, ravens, bofcards, and other fowl not ufed to be eaten) id; half to the king, and half to him that will fue by action of debt: Alfo the juftices of the peace may determine the fame, as in cafes of trefpafs. 25 H. 8. c. II.* VIL Laivi * With regard to fowl not ufed to be eaten, together with certain other noxious animals, there were provifions made by an ancient ftatute, viz. 8 El. c. 15. intitled, yf« A^ for the pre- yfr-x-fl/Zoij o/'^r<3/A'£', which it were to be wilhed might be reviv- ed, with a proper confideration of the difference of the value ot money betwixt that time and the prefent ; by which it was re- quired, that the churchwardens Ihould levy by an afTeflment, and pay, for the heads of every three old crowes, choughes, or rookes, id; of fixe young crowes, choughes, or rookes, id; and for every fixe egges of any of them, id; for every twelve flares headj, i d ; for every heade of merten hawks, furefekytte, moldkytte, bufarde, fchagge, carmeraunt, or ryngtayle, 2d; and for two egges of them id; for every iron or ofpray's heade, 4d ; for the heade of every wood wall, pye, jay, raven, kyte, or king's fifher, id; bulfynce, or other bird that devour- eth the blowth of fruit, id; for the heade of every foxe or gray, 1 2 d : and for the heade of every fytchewe, polcate, wefel, Itote, fayre, bade, or wylde cat, 1 d ; for the heade ot every otter or hedgehogge, 2d; for the heads of three rattes or twelve mife, id; tor the heade of every want or moldvvarp, one halfpenny. And by another ancient flatute 24 H. 8. c. lo. Every town- fhip was required to keep a crow net, to deftroy crowt, rooks, and choughs, 2 There dPame. 379 VIL Laws for' prefervrng the game of fijh in par ^ ticular. There are fome a£ls relating to this fubjedl-, of which, being of lefs general concern, it is thought fufficient to jnfert only the titles ; wz, (i) An a£t for the prefervation of fifning in the river of Severn. 30 C 2. c. g. (2) An a£t forthe increafe and better prefervation of falmon and other fifti, in the rivers within the counties of Southampton and fVilts. 4 yfn. c. 21. In which fome al- terations are made by the 1 G.f. 2. c. jS. (7) An a6l for the better prefervation and Improvement of the fiiliery within the river of Thames^ and for regula- ' ting and governing the company of fifhermen of the faid river. 9 y///. c. 26. (4) An a6l for the more efFe£lual prefervation and im- provement of the fpawn and fry of fifli in the river of Thames znd vjzters of Medway; and for the better regu» lating the fifliery thereof. 30 G. 2. f. 21. « (5) An a6l lor the better prefervation of fifh, and regu- lating the fiftieries, in the rivers Severn and Ferniexu. 18 G. 3- '- 33- What follows feems bed reducible under thefe heads: /. The penalty offijking in ponds and other private fijheries, IL Rules about theftze^ and preferving the hreed offijh. There is fome fhadovv of thefe regulations ftill remaininp- In fome parifhes, where they give a reward for deflroying feveral of the abovefaid noxious fowl and vermin. Thefe llatutes were fuffered to expire, probably becaufe in a Oiort time there would be no need of their continuance ; but it might be convenient neverthelefs, to revive the like provifions from time to time; and, amongft the rcll of the ravenous tribe, to fet a price now at length upon the head of that diftinguifhcd fowl, for the fake of which moll of the ancient laws concerning the winged game v/ere enafted, and which it was felony to dellroy. But now the current hath received a contrary diredlion ; and the hav.'k himfelf deRroys more game, than gunpowJer and haiidiot which have ufurped his empire. ///. Rule;: 3?o 0ame. ///. Rules concermng fifnng in or near tbefea, IV. Importing Ji/Jj. I. iijii pLuc.lty of fijkin;:[ in ponds and other private fifceries. Who m,iv ereft I. Any man may ere6l a fiAi pond without licence; ■i. fifh pono. ' becaufe it is a matter of profit, and for the iflcreafe of vj<9-uals. 2 Jnfi. 199. Three years j; If any trefpafTers in ponds be thereof attainted at the and hne!™"^ ^"^"^ ^^ ^'^s P^rty, great and large amends fnall be awarded according to the trefpafs ; and they fhall have three years imprifonment, and alter iball make fine at the king's plea- fLjre(if They have whereof) and then fna!) find good furety that after they {hall nat commit the like trefpafs: And if they have not whereof to make fine, after three years im- prifonment, they (liall find like furety ; and if they cannot find like furety they (hall abjure the realm. And if none fue within the year and day, the king fn^Il have the fuit. 3 Ed. I. c. 20. rNotej Thofe are trefpaflers in ponds, who endeavour to take fiih therein. 2 Irji. 200. Three months 3- If any perfon (hall unlawfully break, cut, or deftroy imprifonin-nc any head or dam of a filli pond, or fhall wrongfully fifh therein, with intent to take or kill f.fli; he fnall on con- viction at the fuit of the king, or of the party, at theaffizes or fefTions, be imprifoned three hnonths, and pay treble dam 'jes J and after the three months expired ihall find fureties for his good abearing for feven years, or remain ia prifon till he doth. <, EI. c. 2\. f. i, 6. Treble dama- 4. Whereas divers idle, diforderly, and mean perfons, ^V ^'^^ ^^^ ^° betake themfelves to the ftealing, taking, and killing of *' ' fifh;, out of ponds, pools, moats, flews, and other feve- ral waters and rivers, to the great damage of the owners thereof; it is ena£^ed, that if any perfon fhall ufe any net, angle, hair, noofe, troll, or fpcar : or fhall lay any wears, pots, fifn hooks, or other engines; or fhall take any hfh by any means or device whatfoever, or be aiding thereunto, in any river, flew, pond, moat, or other wa- ter, without the co7ifent of the lord or ozvner of the water ; and be thereof convicled by confeflion, or oath of one %vitnefs, before onejullice, in one month after the of- fence ; every fuch offender in dealing, taking or killing fifh, fliall for every fuch ofi^ence give to the party injured fuch recompence and in fuch time as the juuice fliall ap- point. £.-.d treble da ma^es. CdiU. 381 point, not exceeding treble damages ; and moreover fhall pay down to the overfeers for the ufe of the poor, fuch f'uni, not exceeding 10 s, as the juftice fliall think meet : In default of payment, to be levied by diftrefs ; for v^^ant of diflrcfs, to be committed to the houfe of correfl:ion not exceeding one month, unlcfs he enter into bond with one furety to the party injured, not exceeding 10 1, never to ofFend in like manner. 22 i^ 23 C. 2. c. 1$-J- 7. And the juftice may take, cut, and deftroy all fuch an- gles, fpears, hairs, noofes, trolls, \^'ears, pots, fiih hooks, nets or other engines, wh'erewith fuch oiFender fhall be apprehended, f. 8. Perfons aggrieved may appeal to the next feflions, whofe determination (hall be final, if no title to any land, royalty, or fiftierybe therein concerned, f. g. M. 32 G. 2. K. and Mall'mfon. A convi£lion for tak- ing and killing fijh, not fetting forth (amongft other par- ticulart) that the defendant had not the licence or confent of the owner ^ vi^as adjudged to be bad. For, by the court ; The offence provided againft by the a6l is Jiealing fiih, taking it without the confent of the owner. "The jurif- didlion given to the juftice is over every fuch offender in ftealing, taking, and killing. But the man here is not convidted of any offence; for he is not charged with flealing, nor even with taking and killing the fifh of an- other perfon, or in another perfon's pond. It maybe his own pond, and his own fifh, for any thing that is flated to the contrary. And the convitStion was quafhed. Bur- I'oiu, Mansfield. 679. 5. Whereas divers idle, diforderly, and mean perfons, Engines to be have and keep nets, angles, leaps, piches and other en- feized. gines for the taking and killing of fifh out, of the ponds, waters, rivers, and other fifheries, to the damage of the owners thereof, therefore no perfon hereafter Ihall have or keep any net, angle, leap, piche, or other engine for the taking of fiili, other than the makers and fellers thereof, and other than the owner and occupier of a river orfifhery; and except fifhermen and their apprentices lawfully authorized in navigable rivers. And the owner or occupier of the river or fifhery, and every other perfon by him appointed, may feize, detain, and keep to his own ufe, every net, angle, leap, piche, and other en- gine, which he fnall find ufcd or laid, or in the pof- feiTion of any perfon filhing in any river or fiffiery, with- out the confent of the owner or occupier thereof. And alfo any perfon, authorized by a juftice's warrant, may in 382 (!5!?nic. Tnnfportation «i- pecuniary fci'ieiture. in the day time fearch the houfes, out-houfes, and other places of any perfon hereby prohibited to have or keep the fame, who fliall be fufpected to have or keep in his cuftodyor poflenion any net, angle, leap, piche, or other engine aforefaid, and feize and keep the fame to his own ufe, or cut or deftroy the fame, as things by this a£l pro- hibited to be kept by perfons of their degree. 4^5 //"^» c. 23. / 5' 6. 6. It any perfon fhall enter into any park or paddock fenced in, and inclofed, or into.any garden, orchard, or yard, adjoining or belonging to any dwelling houfe, in, or through which park or paddock, garden, orchard, or yard, any river or ftream of water (hall run or be, or wherein fliall be any river, ftream, pond, pool, moat, ftew or other water, and by any ways, means, or de- vice Vv'hatfoever, (hall fteal, take, kill, or deftroy, any fifli bred, kept, orpreferved therein, without the confent of the owner thereof; or ftiall be aiding or aflift'ng there- in; or (hall receive or buy any fuch fifh, knowing the i'ame to be fo ftolen or taken as aforefaid ; and ftiaJl be convicled thereof at the a/Tizes, within fix kalendar months after the offence committed; he (hall be tranf- ported for feven years. And any offender, furrendring himfelf to a juft'icc, or being apprehended or in cuftody for fuch offence or on any other account, \vho ftiall make confefflon thereof, and a true difcovery on oath of his accomplice or accomplices, fo as fuch accomplice may be apprehended, and fhali on trial give evidence fo as to convict fuch accomplice, ihall be difcharged of the off^ence i'o by him confefled. S ^' 3' ^' '4- / *' 2. And if any perfon (hall take, kill, or deftroy, or at- tempt to take, kill, or deftro)', any fifti in any river or Itream, pond, pool, or other water (not being in any park or paddock, or in any garden, orchard, or yard, ad- joining or belonging to any dweHing houfe, but in any other inclofed ground being private property) ; he ihall, on convitSticn before onejuftice, on the oath of one wit- refs, forfeit 5 1, to the ov/ner or owners of the fiftiery of fuch river or ftream of water, or of fuch pond, pool, moat, or other water : And fuch juftice, on complaint upon oath, may ifilie his warrant to bring the perfon complained of before him ; and if he {hall be convidted before i^uch jultice, or any other juftice 'of the county or place, he (ball immediately after convi6tion pay the faid penalty of 5I to fuch juftice, for the ufe of fuch perfon as the fame is hereby appointed to be paid unto; and in default <5mit' 383 default thereof, fhall be committed by fuch judice to the houfe of corre6lion for any time act exceeding fix months, unlefs the forfeiture (hall be fooaer paid : Or fuch owner of the fifhery may bring an adlion for the penalty (within fix kalendar months after the ofFence) in any of the courts of record at Weftminfter. f. 3, 4. Provided, that nothing in this a6l fiiall extend to fub- je6l any perfons to the penalties thereof, who (hall fifh, take, or kill, and carry away, any fifh in any river or flream of water, pond, pool, or other water, wherein fuch perfon ftiall have a jullright or claim to take, kill, or carry away fuch filh. /• S' In the cafe of K. and Corden^ H. 9 G. 3, The convic- tion was, that on fuch a day, at fuch a place, Martha Bux- tin of the parifh of Afohorne in the county of Derby\ fpin- fter, Cometh in her proper perfon before me R. B. (the juftice) and upon her corporal oath ^iveth me the faid juftice to underftand and be informed, that Uriah Corden of Clifton in the parifh of Jjhborne in the faid county gentleman, on the i8ih day of June lafl palf, in the pa- rifh of Jfihcrne aforefaid, did fifh vi^ith a net, in a brook or Itream called the Schoo Brook, in that part of the faid brook which runneth between the manor of Clifton and the manor of Offcoat and Underwood in the faid county ; and did then and there take, kill, and deil:roy feveral fifh, againllthe form of the ftatute in fuch cafe made and provided; he the faid Uriah Corden not having any juft right or claim to take, kill, or carry away any fuch fifh ; and the faid part of the faid brook or ftream, wherein and v/hereupon the faid filli were fo taken, killed and carried away, not being in any park or paddock, or in any gar- den, orchard, or yard, adjoining or belonging to any dv/elling houfe, but in other inclofed ground then and there being private property. And further, on the fame day and year aforefaid, and at the place aforefaid, Cometh one fobn Chatterton of Ajhhorne aforefaid gentleman, and giveth me the faid juflice to underftand, that Richard Hayne of Afohorne aforefaid efquire, is the true and law- ful owner of the fifhery of the aforefaid part of the faid brook called Schoo Brook, which runneth between the ma- nor of Clifton and the manor of Uffcoat and Underwood in the county aforefaid. And thereupon the faid Martha Buxton, the informant aforefaid, prays that the faid Uriah Corden may be convidted of the ofFsnce aforefaid, accord- ing to the form of the flatute in fuch cafe made and pro- vided. Whereupon, afterwards, to wit, upon the j6th day <15ame. day of July in the year aforefaid in the county aforefalci, he the laid Uriah Corden^ being by virtue of my war- rant brought before me the juftice aforefaid, at JJh- borne aforefaid, to anfwer the faid charge contained ia the faid information, and having heard the fame, he the faid Uriah Corden is afked by me the faid juftice, " if he " can fay any thing, for himfelf, why he fnould riot be *' convicled of the premifles above charged upon him in *' liorm aforefaid." And becaufe he the faid Uriah Corderi doth not nor can fay any thing in his own defence touch- ing and (concerning the premifies aforefaid, but doth of his own accord freely and voluntarily acknowledge and confefs all and fingular the faid premiffes to be true, in manner and form as the fame are charged upon him in the faid information ; and becaufe, all and fingular the premiffes being heard and fully underftood by me the faid juftice, it manifeftly appears to me, that he the faid Uriah Corden is guilty of the abovementioned offence fo laid to his charge; it is therefore adjudged by me the faid juftice, that the faid Uriah Corden is guilty of the afore- faid offence ; and that he be, and he is hereby con- vi6ied by me the juftice aforefaid of the premiffes afore- faid, according to the form of the ftatute aforefaid ; and I. the juftice aforefaid do award and adjudge, that for the premifles aforefaid he hath forfeited the fum of 5 1 of lawful money of Great Britain, to be paid as the fta- tute aforefaid doth dire£t — Tv/o exceptions were taken to this conviction. Firft, It doth not appear that this conviciion was made upon the complaint of the owner, or by authority from the owner; or even that this •was a fifliing without the confent of the owner. Whereas it appears clearly, upon confidering the whole a£l of par- Jiament, and comparing one part of it with another, that the complaint of the ov/ner is effentially neceffary to give jurifdiction to the juftice. Secondly, Here is no proof upon oath, that Air. Hayne was the ovv'ner, or v/ho elfe was fo. John Chattertons information is not upon oath : And it is confined to the time of giving it ; but fays no- thing about who was owner at the time of the fiftiing, — Unto thefe exceptions it was anfwered; Firft, There are no exprcffions in the act which require the complaint to the juftice to be made by the owner. The words are general. The jurifdi£lion is given to the juftice, upon complaint made to him upon oath. Secondly, The de- fendant has CO 'fefied the whole charge : And part of it is, that Mr. Ha-,?ie was the owner. — The court were cf opinion, 0^mt 385 opinion, that this convi£licn is bad. They thought that a {lrt(5t hand ought to be holden over thefe fusninaiy con- viiStions, and it ought to appear to the court that thejuf- tice hath jurifdi£lion ; which in this cafe doth not ap- pear. Here is no complaint from the owner ; nor doth it even appear to have been without his confent. It ought at leafl: to appear that it was without his confent. This is plainly impHed in the a6l of parliament: The giving the penalty to the owner fliews it. Here it doth not fufficiently appear that this was private property; or who was the owner. The witnefs who gave thejullice to un- derftand " that Mr, Hayne is the owner," was not upon oath J and was therefore no witnefs. The ownerfhip is not fufficiently charged : Neither is it confefi'ed. The confeflion goes no farther than the matter charged. The words in the conviclion, " not having any jufl right or *' claim to take, kill, or carry away any fuch fijh," are the words and opinions of Martha Buxton ; not of the juf- tice who made the convi(5fion : And they are too ge- neral. The provifo from whence they are taken means to except fuch perlons as have a fpecial right to iifh in the fiftiery of another. The ofFence intended in this conviction is, filliing in the fifhery of Mr. Hayne^ be- ing private property. But all this might be done, for any thing that appears upon this conviclion, with the con- fent of the owner. The iadi ought to appear fc that the court may be able to judge wnecher the convidtioii be agreeable to law. If the .ovi^ner had been the com- plainer, that would have fhewn his difTent: But this con- viction is upon the complaint of Martha Buxton; and it doth not appear that the defendant ha;.h been guilty of fifn- ing in any water being private property, without content of the owner. And the conviction was quaflied. Burr, Mansf. 2279. 7. By the Black ai£t before mentioned, if any perfon Felony without being armed and difguifed, fhall unlawfully ileal or take ''cnefit of away any fiih out of any river or pond; or (whether *^^'^^^* armed and difguifed or not) fhall unlawfully and malici- oufly break down the head or mound of any fifli pond, whereby the fifh (hall be loft or deftroyed, or fliall refcue any perfon in cuftody for fuch offence, or procure any other to join with him therein; he fliall be guilty of fe- lony without benefit of clergy. Vol. II. B h //. Rules 386 ^amt. 11. Rules concerning the aJftzCy and prejer'ving thd breed of jiflj, • Salmon. !• ^^ any perfon HaalJ lay or diaw any net, engine, ®r other device, or caufe an^' thing to be done in the Severn^ Dee,, IVye, Teams., JVere^ Tees., Ribhle, Merfey^ Dun., Air, Ouze^ Szvdi/e, Calder^ Wharfs Eure., Darwent., or Trent^ whereby the fpawn or fry of falmon, or any kepper or fhedder falmon, or any falmon not i8 inches from the eye to the extent of the middle of the tail, fhall be taken and killed ; or (liall fet any bank, dam, hedge, flank^ or net crofs the fame, whereby the falmon may be taken, crhindred from pafling up to fpawn j or (hall between ^r//)' 3I1 ^"'^ iVs-y. 12, (except in the Ribble, where they may be taken between yan. i, and Sep. 15,) take any fal- mon of any kind in any of the faid rivers ; or (hall, after Nov. 12 yearly, fiili there for falmon with any net lefs than 2k inches in the mefh; he fhall on convitlion, inone month, before one juftice, on view, confeffion, or oath of one witnefs, forfeit 5I, and the fifh, nets, and engines ; half the faid fum to the informer, and half to the poor, by diftrefs ; for want of diftrefs, to be com- mitted to the houfe of correclion or gaol, not more than three months, nor lefs than one, to be kept to hard la- bour, and futFer fuch other corporal puniftiment as the juftice fhall think fit : The nets and engines to be' cut or deftroyed, in prefence of the juflice : The banks, dams, hedges, and ffanks, to be demolrfhed at the charge of the offender, to be levied in like manner, i G. ft. 2. c 18. f. 14. Note;. It is not faid who (hall have the fiHi; fo that it feemeth that they are forfeited to the king. And no falmon out of the faid rivers fhall be fent to London^ under fix pounds weight ; on paiii that the fender, buyer, or feller, on the like conviilion, fhall forfeit 5 1, and the fifh j half to the informer, and half to the poor, by diftrefs; for want of fufficient diftrefs, to be committed to the houfe of ccriecfion or gaol, to be kept to hard labour for three months, if not paid in the mean time. id. /i 15. And perfons aggrieved may appeal to the next feffions. id. f. 17. -, , „ 2. Is' o falmon fliall be taken in the //r/m^i?r, Owz;^,^/^;//, Salmon fpawn "^ . _^, ' ' ^. and imelts. Done^ Aire^ Darvjent^ i/harfe^ Nid, I'cre, Swale., 1 eje.,. Tine., Eden, or any other water wherein falmon are taken, between Sep, 8, and A'i'y. 11. Nor fhall any }0ung fal- mon (JBamc* 387 rnon be taken at mill-pools (nor id other places, 13 R. 2. /?• '• ^. 19-) fi'om Midapril to Mldfummer -^ on pain of having the nets and engines burnt for the firft offence, for the fecond, imprifonment for a quarter of a year; for the third, a whole year ; and as the trefpafs in- creafeth, fo fhall the punifliment. And overfeers fhal! be atfigned to inquire hereof. 13 Ed. I. /?. I. c 47. That is, under the great feal, and by authority of parliament. And no perfon (hall put in the waters of "Tham'ij}.^ Hutnher, Otize^ 'Trent, nor any other waters, in any time of the year, any nets called ftallcers, nor other nets or engines whatfoever, by which the fry or breed of fal- mons, lampreys, or any other fifli may in any v/ife be taken or deftroyed 5 on the like pain. 13 R. 2. y?. J. c, 19. And the waters of Lon, Wyre^ Merfee, Rybbyl, and all Other waters in LancaJJnre, Ihall be put in defence as to taking of falmon, from Michaelmas to Candlenias, and in no Qthertime of the year. And confervators fliall be ap- pointed in like manner, J3 ^. 2.y?. \. c ig. And the juftices of the peace (and the \i\'^.y or o^ London on the Thames and Medway) fliall furvey the offences in both the a£ls abovementioned ; and fhall furvey and fearch all the wears in fuch rivers, that they fhall not be very ilrait for the deftru£tion of fuch fry and brood, but of reafonable widenefs after the old affize ufed or accuftom- ed y and they (hall appoint under-confervators, who fhall be fworn to make like furvey, fearch and puniihmcnt» And they fiiall inquire in feffions, as well by their office, as at the information of the under-confervators, of all defaults aforef^id, and fhall caufe them which fliall be thereof indiiSted, to come before them ; and if they be thereof convi6f, they (hall have imprifonment, and make fine at the difcretion of the juftices : and if the fame be at the information of an under-confervator, he fliall have half the fine. lyi?. 2. c. 9. 3. By the I EL r. 17. No perfon, of wh?.t edate, de- Spiwnlngene- gree, and condition foevcr he be, fhall take and kill anv "' t"^ ^'^\""V ujr r era. /L111 ""j of ■ for and I do ad- judge him to pay and forfeit the fum of . Given under my hand and feal the day and year abovefaid. f. 13, I5> 16, 17, i8, 19. 4. No perfon fiiall faften any nets over rivers, to fland "Ncfs rtan.iing coniinually day and night ; on pain of an hundred (hillings ^^y ^"'^ insUt. to the ki;.g. 2 H. 6. c. 15,. III. Rules concerning Jijbing in or near thejea. 1. No perfon fhall take, kill, or deftrcy any lobfters Lobilers. on the coait of Scotland., from Ju7ic i, to Sep. i, on pain of 5! J to be recovered by any perfon who ihall inform and iue for the fame, on a fummary complaint before two juf- tices of the lliirc on the coaft vi/here the offence fhall be committed. 9 G. 2. c. 33./. 4. 2. Every perfon who ihall fet up any new Vi/'e^ar along Ereftinjanew the fea fliore, or in any haven, harbour, or creek, or ^"'■* within five miles of the mouth of any haven or creek; fhall, on conviction before one juftice, or mayor, forfeit for every offence 10 1, half to the king, and half to him that fliaJl fue ; to be levied by the conilables or church- wardens by diftrefs. 3 J-c. 12 / 2. 3. Every perfon who fliall willingly take, dcftroy, or Spawn of fea fpoil any fpawn, Uy.^ or brood of any fea fifli, in any wear ^'^^• or other engine or device whatfoever ; Ihall forfeit for every offence lol, in like manner. 3 y. ^- 12. / 2. 4., And every perfon who Ihall filh in any haven, har- Size of nets a? hour, or creek, or within five miles of the mouth of any haven, harbour, or creek of the fea, with any draw-net, or drag-net under thrcs inches mefli, viz. if inch from knot to knot (except for the taking of fmoulds in Norfolk only), or with any nets with canvas, or other engine or de/ice, whereby the fpawn, fry, or brood of fea fifli may be 'ieltroyed ; fhall in like manner forfeit fuch net, and alfo 10 s, for every ofience, half to the poor, and half to him that fhall fue. 3 J. c. 1%. f. 2. But this ad fliall not extend to any net of lelTer mefh, only for taking of herrings, pilchards, fprats, or lavidnian. id,J\ 2- \ And by a fubiequent flatute, if any perfon (hall ufe at fea, on the EngUjh coaft, any traul-net, drag-net, or fet- net, for catching of any fifti (except herrings, pilchards, fprats or lavidnian) which hath the mefli lefs than 3?- in- ches from knot to knot j or which hath a falfe or double bottom; or fhall put one net behind another; lie fhall, on conviction (after fummons) before one juftice where 13 b 3 the 390 <15anii the ofFender refides or fhall be found, on oath of two witnciTe?, in one month after the offence, forfeit the fame, and alfo' 20 1, half to the informer, and half to the poor, bv diftrefs} for want of fufficient diftrefs, to be committed to gaol for twelve months; and the nets to be burnt. I G. li. 2. c. 18. Perfons aggrieved may appeal to the next feffions. id. _, , r cr^ «;. Bv the fame a6l of i G. ft. 2. if any perfon fhall Siic of fea fifh. p j r \ CL'^^ \ c x, uri brino' to more, or ejjpoie to lale any hih lels ;han the tol- lowmg fizes from the eyes to the extent of the tail, v\%, bret or turbot 16 inches, brill or pearl 14, codlin 12, whiting 6. bafs and mullet 12, fole 8, place or dab 8, flounder y ; he ihall forfeit the fifli to the poor ; and alfo 2C s, haif tothe informer, and half to the poor; to be . levied in the like manner : for default of payment, or of fuiTieient diftrefs, to be fent to the next houfe of correc- tion, or other common gaol of the county, to be feverely •vvhipt and kept to hara labour fix days, and not longer than 14. Perfons aggrieved may appeal to the next ieirions. But by the 33 G. 2. c. 27. Bret or turbot, brill or pearl, aitho' under the faid dimenfions, may be expofed to fale, fo as the fame be not fold by retail for above 6d a pound. And if any greater price fnall be demanded or taken, or fuch fiih Ihali not be weighed and meafured if required ; the fame {hall be forfeited, and the offender {hall alfo forfeit 20 s, to be recovered, mitigated, and applied, as the penalties in the faid act mentioned under the lad bead, relating to the ipawn of fifh, and fifh under fize, and out of feafon : and the money paid (hall be re- turned to the party who paid the fame. /. il. IV, Importing fjlj, M^ybefebed. '• ^^ any ling, herring, cod, or pilchard, fajmon, eels, or congers, taken by foreigners, fliall be imported or ex- pofed to fale ; any perfon may feize the fame, half for himfelf, and half for the poor. 18 C. 2. c. 2. 2. And by the 1 G. ft. 2. c. 18. and q G. 1. c. XK" Penalty 100 1. r/i 1 u • j r r • » •' no hlh taken by, or received ot any foreigner, except pro- teflants inhabiting in England^ fhall be imported (except eels, ftock flfli, anchovies, flurgeon, botarge, or cavear, lobfter, and turbot) ; on pain of 100 1, and the mafter of the veffel 50 1, half to the poor, and half to the informe; \vho ihall fue in 12 months in any of the courts at Wejl-' nwijisr. Fcr 391 For fifliing, fo far as the fait duties are concerned therein, may be confulted that part of the title C^Clfc, which treateth of the duties upon fait. The fifli markets in London and IVel^minfJer are regulated by the ftatutes of 22 G. 2. c. 49. 29 G. 2. c 39. 33 G. 1. c. 27. and 2 G. 3. r. 15 which are too large and not general enough to be here infened. A. Appointment of a gamekeeper j on the 11 6? 23 C. 2. c. 25. /. 2. 5 An. c. 14./. 4. and 3 G. r. 1 1 . /. 1 . T A. L. efquire^ lord of the manor of do hereby no- •^ mmate^ author] je^ and appoint A. G. of P. m the county of yeoman^ to be 7ny gamekeeper of and within tny faid fnanor of in the county aforefaid^ -with full poiver^ licence, and authority to kill any hare, phetfant^ partridge, or any other game whatfoevcr, in and upon my faid manor of •for my fole ufe, and immediate benefit \ and alfo to take and feize all fuch guns, bows, greyhounds, fetting dogs, lurchers, or other dogs to kill hares or conies, ferrets, trauiels, lowbels, hays, or other nets, hatepipes, /nares, or other engines for the taking and killing of conies, hares, pheafants, par- tridges, or other game, as within the precinSls of my faid manor of /hall be ufed by any perfon or perjons ivho by law are prohibited to keep or ufe the fame. Given under my hand and feal, this . day of' • in the ■ year, &c. B. Form of a certificate for killing game. Ti\. B. clerk of the peace for the county of C. [or as the "^ cafe may be] do hereby declare, that E F. hath this day delivered into 7ny office a paper, ivriiing or account, containing his name and place of abode, [ or as the cafe may be], hath tits day regiflered a deputation, whereby he is appointed a game- keeper by ' for the ?nanor or lands of vjhich I do . hereby certify, in pursuance of an aSl of parliament, pajpd in the twenty fifth year of king George the third, intituled^ An a£lfor repealing an a£l, made in the twenty fourth year of the reign of his prefent majefty, entituled, " An a£l for granting to his majefty certain duties on certificates iflued with refpe6l to the killing of game^'j and for granting Other duties in lieu thereof. B b 4 C. In- 392 (Same. C. Information againil a perfon for killing game without a lawful certificate. Weftmorland. CJ^H E information and complaint of A. I. of in the county of—— yeoman, made before me J. P. efquire^ one of his majejifs jujlices of the peace for the faid county, the day of in the year . IV ho faith, 'That on the day of in the year • at in the county aforefaid, one A. O. of in the county aforefaid, fjoemaker, did vfe a cer^ tain dog called a greyhound, [or as the cafe may be] ^sr the taking or defiru£lion of game, and did thereby and thereivitby take, kill, and deflroy a hare, [or as the cafe may be], ivith- out having the certificate required by law for that purpofe; whereupon he the faid A. O. hath forfeited the fum of twenty pounds: j^nd therefore he the faid A, I. praycth the judgment of me thejufiice aferefaid in the premiffes. Before me A. I. J- P. Weftmorland. > D. Sumoions thereupon. To the conftable of in the faid county. JJ/'H E R E A S information and complaint hath Iccn made unto me J. P. ef quire, one of his majcfiys ji^f tices of the peace for the faid county, that A. O. of — — //.' the county afortf aid, fJoocmaker, en the day of m the year at ■ in the county aforefaid, did ufe a cer~ tain dog called a greyhound, [or as the cafe may be], for the taking or deflru5iion of game, and did thereby and thernvith, take kill and defray a hare, [or as the cafe may be], without having the certificate required by law for that purpofe, where- upon he the faid A. O. hath forfeited the fum cf twenty pounds : Thcfe are therefore to require you for thtvith to fummon the faid A. O. to appear before me at in the faid county, the day of at the hour of to anjv:er to the faid in- formation and complaint, and to be further dealt zvith acconding to law. And be you then there to certify, what ycu fhall have done in the execution hereof. Herein fail you nct» Given under my hand and feal the day of in ihi year . E. Con- mut' 393 E. Convitflion for killing of game v/ithout a law- ful certificate. Weftmorland. 1 JJ E it r£me?nbered, that on the day 3 ^^ of ' in the year of our Lord gt in the county aforefaid A. I. came before me J. P» efquire one of his majejfy's jujlices of the peace in and for the faid county^ refiding near the place vjhere the offence was com-- mitted^ and irf armed me that A. O. of on the' • day of ■■■'■ notu laft pafl, did vfe a certain dog called a greyhound [or as the cafe may bej^'ir the taking or dcfru^iort of game^ and did thereby and therewith takcy killy and deflrcy a hare [here let forth the fact for wlijch the information was laid], without having the certificate required by law for that p'jrpofe ; whereupon the faid A O. after being duly fummoned to anfwer the faid charge^ appeared before me, and having heard the charge contained in the faid information, de- dared he was not guilty of the faid offence [or as the cafe maybe] did not appear before 7ne purfuant to the faid fum-^ 7nons, or did negleSl and rcfufe to make any defence againfi the faid charge ; but the fame being fully proved upon the oath of A. W. a credible tvitnefs [or as the cafe may be] acknowledged and voluntarily confejfed the fame to be true ; and it ma- nifejily appearing to me, that he the faid A. O. is guilty of the faid offence charged upon him in the faid inforination : I do therefore hereby convi,^ of him of the offence aforefaid, and do. declare and adjudge that he faid A. O, hath forfeited the fum of of lawful inoney of Great Britain, for the offence aforefaid^ according to the form of thejiatute in that cafe made and provided. Given wider my hand and feal, the — day of ^' , ^'c, [N. B. This form of convldlon is taken from the form in the ail.] F. Warrant of diftrefs for killing game- without a lawful certificate. Weflmorland. -^ To the conftable of . jy REREAD A.O. of in the faid county, Jhoemaker^ is this day convicled before me], P. efquire, one of his 'mnjrflf s jufiicii of the peace in and for the fa id couniy, upon the oath 394- ' (Same. cat]) cf A, W. a credible witnefs^ for that he the faicl A. Oi on the ' day of in the — year of the reign of • at in the faid county ^ did ufe a certain dog £aUcd a greyhound [or as the cafe may be] for the taking or deJlru5iion of gi^nie, and did thereby and therewith take^ kill and d if hoy a hare Tor as the cafe may be] without having the certificate required by law for that purpofe^ zvhereby he the faid A. O. hath forfeited the fum of 10 I % Thefe are therefore in his faid rnaje fly's name,, to command you to levy the [aid fum by dijlrefs of the goods of him the faid A. O. and if ivithin the fp ace of [Six] days 'next after fuch difhefs hy you taken,, the faid fum Jl)all not he paid,, that then you do Jell the faid gocds fo by you difi'ained, and out of the money arifmg by fuch fale you do pay the fum of : — to A. 1. of in the faid county who informed w.e of the faid offence ; and the fzim of to for the ufe of his majefly ; return' ing the overplus [if any) on dcrnand unto him the J aid A. O. j^nd iffuffcient di/hefs cannot he found of the goods of the faid A. O. whereon to levy the faid fum of 20 /, that then you certify the fame to 7ne, together with the return cf this precept^ Given under my ha-nd and feal^ the day of , ^c. ^ G. Commitment for want of diflrefs, rTo the conftable of in the faid ,1, n 1 J i county, and to the keeoer of the houfe I of correction at ' • in the laid county. /^^ ERE^S A. O. of in the faid county, ■ Jhoemaker, was on the day of in the — year of ■ cojtvi^ed before 7ne, J. P. efquire^ one of his ma- jefif s juflices of the peace in and for the faid county,, upon the oath 5?A. W. c credible witnefs,, for that he the faid A. O. on iJje day of in the year afore faid,, at in the {aid county,, did ufe a certain dog called a greyhound [or as the cafe may be] for the taking or defirufiion of game,, and did thereby and therewith take kill and deflroy a hare [or as the cafe may be] zvithout having the certificate required by law for that purpofe., by virtue whereof he the faid A. O. hath forfeited the fum of 20 /• and whereas on the faid — — day of in the year afore faid,, I did iffue my warrant to the conjlable of to levy the faid fum of 20 A by difrefs and fale of the goods of him the faid A. O. and ta apply the fame according to law ; and whereas it duly apt pears Stimt. 395 pears to mty at well on the oath of the [aid conJlahU, as other" tvifey that he the /aid conjioble hath ufed his beji endeavours to levy the faid fum on the goods of him the faid A. O. as afore-~ Jaid^ hut that vo fufficient d'ljlrefs can he had whereon to levy the fame ; ''thefe are therefore to command you the faid con- Jlahle of aforefaid^ to apprehend the body of the faid A. O. and him fafely to convey to the houfe of cor re 6li on at- in the faid county^ and there deliver him to the faid keeper there- of^ together with this precept. And 1 do hereby command yoUy the faid keeper of the faid houfe of cor re Hi on ^ to receive into your (ujlody in the faid houfe of cor region the faid A. O. and him there fafely to keep for the f pace of three kalendar months .^ unleft fuch penalty Jhall be fooner paid : and for fo doing this /hall hi your fuffcient warrant. Given under my hand the . day of ■ ' in the year, &c. H, Warrant to fearch for dogs and engines j on the 22 & 23 C, 2. c, 25./. 2. Weftmorland. i To •I ir" E R E A S complaint hath been made unto me J. P. efquire, one of his majejiy's ju/lices of the peace in and for the faid county^ upon the oath of K. I. of ■ . in the faid county^ yeoiuan^ that he the faid A. I. hath good ground io fufpeSi and doth jufpea that A. O. of aforefaid in the county aforefaid-, yeoman., being a perfon in no refpeSi qualified by the laws of this realm fo to do., hath and k-eepeth in bis cujlody a greyhound \_gun., net., &c.] to kill and dejhoy the game : Thefe are therefore to command you in his majejly's name to enter into., and fearch in the day timey the houfes^ out'houfes, and other places of him the faid A. O. at ■ aforefaid., and if you there find any greyhound., Sic. that you feize and keep the fame for the ufe of A. L. efquire., lord of the vianor of ' • • in which manor the faid houfes^ out-hoiifes., end other places., are fituate and da lie^ or ctherwife tJ)at you cut in pieces or dejlroy the fame. Given under my hand and feai ihs ■ ■ - day of in the — —— year^ 6ic, L Tn« 396 (Bnnt^' I. Information againft a psrfon for keeping dog?, cr engines ^ on the 5 Jfw, c. i^.J. 4. Wcftmorland. CT'H'E information ayid complaini of k.\, -*■ of in ths county nf yeoman^ made before me J. P. efquire^ one of his WQjrJly's juflicei of the peace for the faid county^ the day of in the ygar Who faith ^ 1 hat on the day of—~^ in the year at the parijh of in the county aforefaid^ one A. O. of in the county a^orefaid^ fhoernaker^ did keep and ufe a certain dog called a greyhound [or as the cafe is] to kill and defray the game, he the faid A. O. not being qua" lifted by the laws of this realm fo to do -^ whereby he the faid A. O. hatk forfeited the fum of five pounds- Jnd thereupon he the faid A. I prayeth thr jwlgment of me ih; ju'Vice aforefaid in the pre?nijfes, and that he may have one moiety of the faid forfeiture, according to the fo^m ofihejiatute in that cafe rr.aie^ and that the faid A. O. may be fummoned to anfwer the pre- viijfes before me the jujiice aj ore faid. A. I, Before me. J. P. Wefttnorland. K, Summons thereupon. To the conftable of - in the faid f 1 o the c ( county. W "// E R E A B information and complaint hath been made before me J. P. efquire^ one of his majejl/s ju/lices of the peace for the faid county^ that A. O. of — in the county aj or ejaid , fooemaker , on the • day of in the year in the parijh of in the county aforefaid^ did keep and ufe a certain dog called a greyhound [or as the cafe is] to kill and dejhoy the game .^ he the faid K. O. not being qualified by the laws of this realm fo to do : Thefe are therefore to require you forthwith t9 fuwmon the faid A. O. to appear before me at • » in the faid county^ the day of — — — at the hour of ■ to anfwer to the faid information and complaint^ and to be further dealt with according to law. And he ycu then there ti certify what you floall have done in the execst'on hereof. Herein fail you not. Given under my hand andfeal the < day of ■■■ in the year — -^ , L. Con- (B'iime. 397 L. Convidion of keeping dogs or engines ; on the 5 /in.c. 14'/. 4- Weftmorland. jy £ if rmembred, that on the day of ■*-^ in the year of the reign of of Gxtzt Britain, France, ««<3? Ireland, king, de- fen(ier of the faith, and fo forth, at in the county aforefaid^ A. I. of cowetb before me J, P, efquirey one of the jujlices of our faid lord the ^>"gi offigned to keep the peace of our faid lord the king m the jaid ccunty and alfo to hear and determine divers felonies, trejpfiffes and other mif- demeanors in the faid countv committed, and giveth me the faid jujiice to underjiand and be informed, that on the — . day of — in the year cforefaid, at the pari Jh of - in the ccunty afore faid, one k.Q). of the parijh oforejatd in the county aforefaid^ JJjoenuiker, not then having lands and te- nements y nor any other ejlate of inheritance, in his own or his wife's right, of the clear yearly value of \00\ ptr annum, ' nor for term of life, nor any leafe nor leafes of 99 years, nor for any longer term of the clear yearly value 0/ 1 50 1, nor then being f on and heir apparent of an cjquire. nor of any other ferjoH of higher degree, nor the owner nor keeper cj any foreft, park, chafe, of warren, nor gamekeeper to any lord or lady of a manor, did keep and ufe a certain dog, called a greyhound, to kill and dejiroy the game, againjl the f 01 m of the Jiatute in thai cafe made and provided : And afterwards upon the afot efaid day and in the year f-Ji ahovementioned, he the Jaid A. C). after having been duly futnmoned in this bebaf before me the jujlice afortfaid, appeareth and is prefent, in order to make his defence again/i the faid charge, and having heard, the jame, he the faid A. O. is afked hy me thg faid jufiice, if he can fay any thing for himfelf, why he the faid A. O. Jhould not he con- vi£ied of the premiffes above charged upon hirn infonn < fore- fa id ; who pleadeth that he is not guilty of the Jaid. offence : Neverthelefs on the day of— — afore faid in the year afare- faid, at aforcfaid, in the county ajorefaid, one credible wit- nefs, to wit, A. W. of yeoman, cometh before me the ajore- faid Jufiice, and before me the fame Jujiice upon his oath on the holy gofpel to him then and there by me the aforefaid Jujhce ad- minijired, depofeth, fweareth, and upon his oath ajsrejaid affirm- tth and faith, that the aforefaid A. O. on the day of ■;,*■ ■ aforefaid, in the year aforefaid at the parijh of • ■ - aforefaid, in the county aforefaid, not then having lands and te- nements, nor any other ejlate of inheritance, in his own or his vjift's right, of the clear yearly value of 100 I per annum, 2 ' "or 39^ (15amt. nor far term of life^ nor any leafe nor hafa of c^c^ yean^nof for any longer term, of the clear yearly value of \^o\^ nor then being fon and heir apparent cf an efquire, nor of any other per- fan of higher degree, nor the owner nor keeper of any forejii park, chafe, or warren, nor gamekeeper to any lord or lady of a manor, did keep and ufe a certain dog called a greyhound, to kill and dejlroy the game : Jndthereupon the a fore fat d A. O. the ' day o f in the year aforefaid, at aforejaid, in the county aforefaid, before me the fame juflice, by the oath of one credible witnefs aforefaid, according to the form ofthejiatute aforefaid, is conviiied : And for his rffence aforefaid hath for- feited the fum of five pounds, to be diflributed as the Jlatute aforefaid doth direif. In witnefs whereof I the faid ju/lice to this prefent record of the convi^ion aforefaid, have fet my hand and feal at • aforefaid, in the county aforefaid, the — ~ day of' aforefaid, in the year aforefaid. If he doth not appear upon the fummons, the form may be varied accordingly; as is fet forth fpecially under the title Conttftion. M. Warrant to diftrain 5 1 for keeping dogs or engines 5 on the 5 An. c. i^.f. 4. Weftmorland, s. To IT' 'HERE J S A.O. of in the faid county, fhoemaker, is this day convi£led before me J. P. efquire, one of his majrflys jufiices of the peace in and for the faid county, upon the oath of A. W. a credible witnefs, for that he the faid A. O; being a per fon net qualified by the laws of this realm fo to do, on the day of in the - year of the reign of did keep and ufe in the parifk of — — — aforefaid, in the county aforefaid, a certain dog called a grey- hound, to kill and de/lroy the game, by virtue whereof he the faid A.O. hath forfeited the fum of ^l, to be diflributed as herein after is mentioned : "Thefe are therefore in his faid ma' jeflys name, to csminand you to levy the faid fum by di/lrefs of the goods of him the faid A.O. and if within thejpace of [ four^ days next after fuch difirefs by you taken, the faid fum, together with reafonable charges of taking and keeping the faid dtjh'efs, Jhall not be paid, that then you do fell the fatd goods, fo by you diflrained, and out of the money ariftng by fucb fale that you do pay one half of the faid fum of ^ I to A. I. of in the I faid faid county^ yeom.Wy who hifonncd me of the fa'id offtnce^ and the other half of the faid fum of ^ I to the ovcrfeers of the poor of the parif}} of ■ aforefaid, where the faid offence was com* mitted., for the ufe of the poor of the faid parifh \ returning the overplus on demand unto him the faid A. O. the reafonable charges of takings keepings and felling the faid di/lrefs^ being firjl deducted. And if fufficient diftrefs cannot he found of the goods of the faid A. O. whereon to levy the faid fum of^ /, that then you certify the fame to me., together with the return of this precept. Given under my hand and feal the — — da'i of ■■' in the < year of N. Commitment for want of diftrefs, for keeping dogs or engines i on the 5 An, c. 14./ 4. 399 To the conftable of in the faid IVeftmorland \ ^°""^y» ^"'^ ^° ^^^ keeper of the houfe -'■ ' eflion at in the faid ty. Jj/^HE REJSA.O. of in the faid county^ Jhsemaker, was on the day of . in the J. To the conftabl J I county, and to t ind. < r ^ n- I or correction at *- county. year of convii^ed before me ]. P. efquire^ one of his majefiys jiijlices of the peace in and for the faid county^ upon the oath of h. W. a credible wiinefs., for that hs the faid A . O. not being a perfon by the laws of this realm qua- lified fo to do, on the day of in the year aforefaid^ did keep and ufe in the parifh of aforefaidj in the county aforefaid, a certain dog called a greyhound^ to kill and de/iroy the game ^ by virtue whereof he the faid A. O. hath forfeited the fum of ^ I \ and whereas on the faid ■ - day of ifi the year aforefaidj I did iffue my warrant to the confiable of to levy the faid fum of 5 /, by d'lflrefs and file of the goods of him the faid A. O. and to df tribute the fame according as is direSied by the Jlatute in that behalf made ; and whereas it duly appears to ?ne, as well on the oath of the faid confiable, as other ivife., that he the faid conjiable hath ufed his beji endeavours to levy the faid fum on the goods of the faid A. O. as afore faid., but that no fufficient diflrefs can be had whereon to levy the fame : Thefe are therefore to command you the faid conflahle of a for faid., to apprehend the body of the fad A. O. and him Jafeiy to convey to the houfe of correction at in the faid county., and there deliver him to the faid keeper thereof., together with this p-'ecept. And I do hereby command you., the faid keeper of the faid houfe of cor region, ts receive into your cufiody in the faid houfe of correction the faid A. O. and him there fafely to keep for the f pace of three months : and. 400 dPame. and for Jo doing this fljall he your fufficient warrant. Given under my hand and feal the day of-—— in the ■ • ycar^ &c. O. Certioyari bend, en a convi6lion for keeping dogs or engines i en the 5 An, c. 14./. 2, J^i^ JV all men hy thcfe prefents^ Sec. I'l^ereas the alove bound A. O. was lately conviSled before J. P, efquire, one of his ma]eflys jujlices of the peace in and for the county of aforefaid^ of keeping and vfng at • aforefaid in the [aid county^ a greyhound to kill and dejlrcy the game 'y and whereas the faid A. O. hath f nee his f aid conviS2ion fued cut his rnajejly's writ en ana there hear the' proofs of them the faid A, L and B. I. touching the faid of^ fence ; And for that it did then manifcflly appear unto me as zuell by the tefli monies of them the faid A. I. and^. I. as a If by the plain confeffion of him the faid A. O. that he the faid A. O. had not then lands ^ tenements, fees^ annuities or offices , to the yearly value of one hundred pounds^ and that he had foot in the faid hand gun in the manner and form as is aforefaid : I do fend you hereiviihal the body of him the faid A. O. as lawfully conviHed of the faid offence before me, requiring you in his majejly's name, to receive him into your faid gaol, and him there fafely to keep, until he fh all have truly paid the pain and forfeiture of lO I laid upon him for his faid ojfiince by the Hatttte ?nade in the three and thirtieth year of the reign of king Hsnry the eighth ; that is to fay, the one moiety thereof to our fovereign lord the king, and the other moiety to them the faid A.I. and B. I. the firjl hringers of him before me. And this fhall. be your fuffjcient warrant in this behaf. Hereof fail you nct<, as you will anfwer for yeur contempt at your peril. Given under my hand andfeal at ' aforefaid, in the county aforefaid, the day cf in the — r year of the rcigt of T. Record of'the conviftion for carrying a gun; on the 33 U. 8. c. b. f;om yix.DifUcn. Wcftmorland. -p £ it rcmsmhred^ that on the day -^ of in the year of the reign of I. A. of ■ yeoman, and B. I. of • -yeoman, one A. O. late of in the county aforefaid, taylor, found and faw, at in the county aforefaid, the day and year aforefaid, with a hand gun charged with gun-powder and leaden hail /})ot, Jhooting and difcharging the faid gun, at a certain covey then being in a certain place there, called agaitfl the form of the ftaiuie in that cafe made and prcvided ; and therefore the day and year af^C"' faid^ him the fnd h.O.at — — tfo'-tfaii, they did arrejl, imd C c 2 (it 404- dPame* ^l i aforefaid before me efqu'ire, one (and next unto the faid place called ) oj the jii/tices of our Jaid lord the king, ajfigned to keep the peace in the Jaid county.^ and^ qlfo to hear and determine divers trcfpafps and other mif- demeanors in the fame county committed, then with them did bring, requeuing thereupon jujiice to be done, which requejl bei'Tg heard, I the jaid J. P. at ■- aforefaid, the day and year aforefaid, duly thereupon have examined the aforefaid A. O. at aforefaid, and the proof of the aforefaid A. !• and B. 1. in this behalf have taken : Jnd becauje that as well by the proof aforefaid, as by the coyfeffwn of him the faid A. O. at aforefaid, then and there it hath appeared to me manifcftly, that the aforefaid A. O. at — aforefaid^ vjhen he had not in his own right, nor in the right of his wife, to his own ufe, nor any other to the ufe of the faid A. O. had lands, tenements, fees, annuities or offices to the yearly value of one hundred pounds, in the hajid gun ajorefaid, in manner and form aforefaid, did /hoot, againji the form of the fia~ tute aforefaid; I the faid }. P. the aforenamed A. O. at . aforefaid, the day and year aforefaid, to the next gaol of our faid lord the king, at in the county ajorefaid (of the trefpafs aforefaid before me convi^ed) have committed, there to rcm.ain until he J})all truly pay or caife to be paid the penalty and forfeiture of \ol of lawful money c/"Great Britain, to wit, one moiety thereof to our faid lord the king, and the other moiety thereof to the faid A. I. and B. I. the fir jl hringers of the faid A. O. before me as aforefaid. In xvit- refs of all which I the aforefaid J. P. to thefe prefents have put my feal. Given at aforefaid, the day and year firji r.bove written. U. Warrant to fearch for venifon or engines; on the i6 G. 3. c. 30. Weflmorland. \ To the conftable of — — JJ/^HEREJS A. I. of in the faid county, yeo- ?nan, hath this day made oath before me J. P. efquire, one of his majefiy's jujhces of the peace in and for the faid county, that there is reafon to fufpeSi that A. O. of ■ in the faid county, taylor, hath in his cujiody or pcfpffion, or in his dwelling hoife, out-houfe, yard, garden, or other place at — — aforefaid, a deer, which hath been unlawjuUy killed, or the head, fkin, or other part thereof, as afo divers flips, noofes, toylet, fnares, a7id other engines, or fome of them, for the unlawful taking of deer : Thefc ere therefore to require fou. 4^5 you^ thatvou do forthwith fear cb him the faid A. O. and his faid dwelling hoiije^ out- houje^ garden^ or place, at "• , ■ ajore/aid; una if on jnch jea->ch you Jljall find any deer fif- pecicd to have been unlawjuily killed, or the head, fkm, or other ■part thereof, or any flip, nooje, toyle^ fnarc or other engine fuf- feSiedto be ufed for the unlawful taking or killing of deer, that you brin^ the fame and aljo him the faid A. O. before me or jome other of bis mcjefiy's jii/Iicts of the peace for the faid county., to be examined concerning the prenuffh, and further dealt with according to laiv. -Herein fail not. Given under my hand andjeai the day of • in the year — — . W. Information againfl a deer-flealer3 on the i6 G. 3. c. 20. Weftmorland Cj" H E< infor?nation and cojnplaint of A. I. of in the county of gentleman, ?nade upon oath before me J. P. efquire, one of his majefly''s fjfuces of the peace in and for the faid county, the . day of in the year who on his oath afor e faid faith ^ That on the day of in the year in o certain park of Sir J. B. baronet, called park, in the faid county, then and long before and yet being ground inclofed, wherein deer then were and long before had been ufiially kept, I one A. O late of inihe county aforefaid, labourer, unlawfully hunter! and attempted to kill one falloiu deer [or as the cafe fliall be] of the faid Sir J. B. ivithout the confent of the faid Sir J. B. and without being otherwife didy authorized ' whereby he the faid A. O. hath forfeited the fum of -. And thereupon he the faid A. I. prayeih the judgment of me the jujlice afore.jaid in the premiffes, and that he may have one moiety of the Jaid forfeiture, according to the for?n of the Jiatute in that cafe ?nade ; and that the faid A. O. 7nay he brought before me the jujiice aforefaid to anfwer the pre~ mijjes. Before me A, I. J. P. X. Warrant thereupon to apprehend the offender. Weftmorland. 5 ^° ^he conftable of in the faid i county. Tjy^H E R E A S information and complaint 7jpon oath hath been made before me J. P. efquire, one of his rnajefif s \ Jufiices of the peace in and for the faid county, that on the C c 3 day ^ fc6 <15^nit* day 0f • ' i» ^>^^ ;'^tfr in a certain park cf Sir J. B, baronet^ called park^ in thejaid county^ then and long before and yet being ground inclofed^ wherein deer then were and long before had been ujually kepi^ one A. O. late of — — in the" county aforefaid,, labourer^ unlawfully hunted end at- teniptcd to kill one falloiv deer of the faid Sir J. B. without the confent of him the faid Sir ], B. and without being other ^ Tvife dvly authorized : Thefe are therefore to require you to ap' prehcKd the faid A, O. and bring him before ?ne the jujiice afor'efaid, at the houfe of in — in the faid county .i on. the -^ ' ~ day cfthis prefent month of • to anfuoer the pretniffes.^ and to be further dealt with according to -lasjo\. Herein fail you not. Given undermy hand and feal ilje — . day of in the year of our Lord Y. Warrant of diftrefs againfl: a deer flealer -, on the ' i6 G. 3. c 30, ,^r o 1 1 S To '^he conftable of in the faid cDUiVty. /r^ 'H E R E J S A. O. of — in the faid county^ la- bourer ^ is this, day duly convive d before me J. P. ef- quif'e, one of his majefly^s jufiices aligned to keep the peace ' in the fsid county^ and alfo to hear and determine diiiers tref- fcffes and other rnifdemeanors in the faid county committed.^ by the oath of A. W. yeoman^ a credible witnefs^ for that he the faid A. O. on the day «/" in the year ■ ^ ' in a certain park cf Sir J. B. baronet^ called park^ in the faid county, then and long before and yet being ground in- clofed^ v.'herein deer then were and long before had been ufually kepty unlawfully hunted and attempted to kill one fallow deer vf the faid Sir J. ^. luithout the confent of him the faid Sir J. 15, and without being oiherivife duly authorized, againfl the form Qf the Jiaiute in that cafe made and provided j by reafon whereof he the faid A. O. hath forfeited the ftnn of- ■ io be di/lributed as herein after is mentioned : Thefe are there- fore in his faid majejly s name to command you to levy the faid' fumby'difrffs ofthcgiidsdnd chattels of him the faid A. O.- And if within ikefpace of days next after fuch diflrefs by you taken^ the Jaid fum cf together with reaf enable charges of taking and keeping the faid diftrefs^ fcad not be paid^ that then you do fell the faid .goods and chattels fa by you dif^ trained \ and out cf the money ariftng by fuch fale, that you da pay one moiety of the faid fu^n of to J. K. for the ufe of his faid' majefty^ his heirs and Jucce£ors ; and the other moiety (Bamt 407 io tht fatd A. T. who profecutes for the fame,, and who Informed- tne of the faid offence ; returning to him the /aid A. O. the overplus upon demand^ the reafonable charges of taking, keep- ing, and felling the faid dijlrcfs being firfi deduSled. And if ftifficient diflref cannot he had or found, by and on which the faid fum of — tnay be levied, you are hereby required to certify the fame to me, within two days after the date of this prefent warrant. Given under my hand and feal, the < day of- ■ ' in the year of our Lord — — Z. Conftable's return of want of diflrefs indorfed on the warrant. A C. conjlable of within tnentioned maketh oath •^^* this ■ • - day of in the year within mention- * ed, that he hath made diUgeyjt fear ch for, but doth not know of, nor can find fufficient goods and chattels of K. O. within men- tioned, whereon to levy the within mcjitioned futn of ■ Before me the juftice A. C. within mentioned. J. P. &, Commitment of a deer (lealer for want of diflrefs j on the 16 G. 3. c. 30. ■1 To the conftable of — — - in the faid Weftmorland. -^ county, and to the keeper of the com- mon gaol at —— . in the faid county. JJ/'HE RE JS A. O. of in the faid county, labourer, was on the day of duly convid- ed before me J. P. efquire, one of his majejly's juflices affigned to keep the peace in the faid county, and aljo to hear and deter-' jnine divers trcfpaffes and other mifdemeanors in the faid county committed, by the oath of A. W. a credible iviinefs^ for that he the faid A. O. on the day of in the year •'• in a certain park of Sir J. B. baronet, called — • park, in the faid county, then and long before and yet being ground inclofed, wherein deer then were ajid long before had been ifually kept, unlawfully hunted and attempted to kill one fallow deer of the j aid Sir J. B. without the confent of him the faid ^ir J. B. and ivithout being oiherwife duly authorised, againfl the form of the jlatute in that cafe made and p) ovided, by reafon whereof he the faid A. O. hath forfeited the C c 4 fum 4oS (Same. fum of — ■ Jnd whereas on the [aid • •■ •— — day of in the year aforefaid, J did ijjue my warrant to the con- Jlahle of in the f aid county^ to levy the f aid fum of by dijhefs and f ah of the goods and chattels of him the faid A. O. and to pay over the fame according as is dire£ied by the Jiatute afarefaid: And whereas it appears to me, on the. oath of the faid conji able of that he the faid ccndahle hath ufed his beji endeavours to levy the J aid fum of — on the goods and chattels of him the faid A. O. and that no Jufficient diflrefs can be found whereon to levy the fame: Therefore, in purfuance of the Jiatute aforefaid, I do hereby command you the faid conjiableof f'^ph ''' ^o^'^^y ^^^ the faid A. O. to the faid common gaol at aforefaid, and him to deliver to the keeper thereof ajortfaid, together zvith this precept. And I do hereby command you the faid keeper of the gaol af ore faid, to re- ceive into ycur cuflody in the faid gaol him the faid A. O. and him there fafely to keet> for the fpace of one whole year^ unlefs the faid penalty fhall be fooner paid. Herein fail you not refpec- iivcly as you will anfwer the contrary at your peril. Given un~ der my hund and feal, the day cf in the year Gaming not an T^ M R» Da'ion fays, that playing at cards and dice, and offence at com- J^^J_ the like, are not prohibited by the common law ; neither are they mala in fe, of their own nature, but only prohibited by ftatute, Dalt. c. 46. Gammg hcufe '^' ^^^ ^'- ^^^^ hetn faid, that all common gaming a nufance. houfes are nufances in the eye of the law, as being great tempfations to idlenefs, and apt to draw together num- bers cf difordely perfons. i Haw. 198. Gaming houfes 3. By the ftatute of the 33 H. 8. c. 9. No perfon fliali ^h^'-'^'H'^ s^ for his gain, lucre, or living, keep any common houfe, ■'^ ' ' alley, or place of bowling, coyting, cloyfli, cayls, half bowl, tennis, dicing table, or carding, or any unlawRil game; on pain of 40 s a day. f. 11. But it was refolved upon this claufe, in the third year of y. I. that if the guefts in an inn or tavern, call for a pair of dice or tables, and for their recreation play with them, or if any neighbours play at bowls for their recrea- tion, or the l;ke, ihefe art not within the llatute ; for although the games be ufed in an inn, tavern, or other houfe, yet if the houfe be not kept for gaming, lucre, or gain, nins- 409 gain, but they play only for recreation, and for no g;am to the owner of the houfe, this is not within the ftatute, lior is fuch perfon that plays in fuch houfe that is not kept for lucre or gain, within the penalty of that law. Dalt. c. 46. And moreover, by the fame ftatute it is further enabled, that every perfon ufing and haunting any of the faid houfeis and plays, and there playing, fhall forfeit 6 s 8d. 33 H. 8. c. 9. /. 12. And all and every juftices of the peace, mayors, fhe- riffs, and other head officers, may enter all fuch houfes and places, where fuch games fhall be fufpet^/ted to be holden ; and as well the keepers of the fame, as alfo the perfons there reforting and playing, may take, arreft, and imprifon, and keep in prifon, until the faid keepers have found fureties to the king's ufe, to be bound by recogni- zance or otherwife, no longer to ufe, keep, or occupy any fuch houfe, play, game, alley, or place; and alfo that the perfons there fo found, be in like cafe bound by them- felves, or with fureties, no more to play, haunt, or ex- ercife from thenceforth, in, at, cr to any of the faid places, or at any of the faid games. Id. f. 14. And the mayors, Iherifls, bailiffs, conftables and other head officers within every city, borough, or town, fhall make duefearch weekly, or at the furtheft once a month, in all places where any fuch houfes or places fhall be fuf- pe6ted to be kept ; and if they (hall not make fuch fearch at the farthetl: once a month, if the cafe fo require, every fuch perfon offending fhall forfeit 40 s for each month. Id.f. 15. And by the fame a£l, no manner of artificer, handi- craftfman, hufDandraan, apprentice, labourer, fervant at hufl^andry, journeyman, or fervant of artificer, marijiers, fifhermen, watermen, or any ferving man, fhall play at the tables, tennis, dice, cards, bowls, clafh, coyting, lo- gating, or any other unlawful game, oni oi ChrijimaSy on pain of 20 s, and in Chr'tjimas to play at the faid games only in their niafler's houfes, or in their mafler's prefence ; and alfo no perfon fnall at any time play at bowls in open places out of his garden or orchard, on pain of 6 s 8 d, Id.f. 1 6. But any mafter may liccnfe his fervant to play at cards, dice, or tables with himfclf, or with any othtr gentleman openly in his houfe, or in his prefence. Id. f. 22. And any nobleman, or other perfon having 100 1 a year, may command or licenfe his fervants, or family of his houfe, to play withijj the precindl of his houic', garden, or or orchard, at cards, dice, tables, bov;ls, or tennis, a& well among themfelves, as others repairing to the fame houfe. J/i. f. 23. And alljuftices of the peace, mayors, bailiffs, flieriffs, and other head officers, and every of them, priding or knowing any perfon ufing unlawful games, contrary to this a<£t, may commie every fuch offender to ward, there to remain without bail or mainpfize, till he be bound by obligation to the king's ufe, in fuch fum as by tTie difcre- tion of the faid juilices, or other fuch officers fliall be thought reafonable, that they fhall not from thenceforth ufe fuch unlawful games. Id. f. 16. And by the 2 G. 2. c. 28. Where it fliall be proved on the oath of two witnejps before any juftice of the peace, as well as where he fhal! find upon his own view, that any perfon hath ufed sny unlawful game contrary to the faid flatute ; the faid juftice fiiall have power to commit him to prifon without bail, unlefs and until he fhall enter into recognizance, with fureties, or without, at the difcretion of the juftice, that he fhall not from thenceforth play at or ufe fuch unla-i,vful game. f. 9. And where any of the forfeitures abovementioned fhall be found within the precincts of any leet, the lord fhall have one half, and the other half fhall be to hinrvthat fhall fue in any of the king's courts ; and elfewhere, they fhall be half to the king, and half to him that fhall fue in like manner. 33 H. 8. c. 9. f. 18. But by the 31 El. c. 5. All fuits to be purfued upoa any flatuie (that is, any flatute thenin force) for ufing any unlawful game,, fliali be fued and profecuted, or otherwife heard and determined, in the general quarter feffjons or afiizes of the county v.'here the offence fhall ba committed, or in the leet within which it fhall happen, and not in any v.'ife outof the county. /. 7. And no privilege of parliament fliall be allowed to any perfon, againfl whom a profecution fhall be commenced, for keeping any common gaming houfe, or place for play- ing at any prohibited game. 18 G. 2. c. 34. f. 7. 4. By the 30 G. 2. c. 24. if any perfon licenfed to fell iTcSiTs'pro- any forts of liquors, or who fhall fell or f.ffer the fame to hibitedbythe be fold in his houfe, out-houfe, ground, or apartmei.t 50 G. z. c. 24. thereto belonging, Jl}all knowingly ffffer any gaming with cards, dice, draughts, fhuifie boards, mifP.ir.pi, or billiard tables, fkitties, nine pins, or with any other implement of gaming, in his houfe, out~houfe, ground, or apartment theieunto belonging, by any journeymen, labourers, fer- vants, or apprentices; and flisll be convicted thereof on confeffion, 411 confeflion, or oath of one witnefs, before one juftice within fix days after the offence committed j he fhall for- feit for the firft offence 40s, and for every other offence 10 I, by diftrefs by warrant of fuch juftice ; three fourths of which ffiail be to the churchwardens for the ufe of the poor, and one fourth to the informer, f. 14. And if any journeyman, labourer, apprentice, or fer- vant, jh all game in any houfe, outhoufe, ground, or apart- ment thereto belonging, wherein any liquors fliall be fold ; and complaint thereof fhall be made on oath before one juftice where the offence (hall be committed : he fhall iffue his warrant to the conftable or other peace ofHcer of the place wherein the offence is charged to have been com- mitted, or v/here the offender fhall refide, to apprehend and carry the offender before fome juftice of the place where the offence fhall be committed, or where the of- fender fhall refide ; and if fuch perfon fhall be convitSied thereof by the oath of one witnefs or confefSon, he fhall forfeit not exceeding 20 s, nor lefs than 5 s, as the juftice fhall order, every time he fhall fo offend and be convicted as aforefaid, one fourth to the informer, and three fourths to the overfeers for the ufe of the poor ; and if he fhall not forthwith pay down the fame, fuch juftice fhall Gommit him to the houfe of corred^ion or fome other prifon of the place where he fhall be apprehended, to be kept to hard labour for any time not exceeding one month, or until he fhall pay the forfeiture, f. 15. And any juftice unto whom complaint upon oath fhall be made, of any offence committed againft this acl, fhall iffue his v.'arrant for brinoing before him or fome other juftice of fuch place, the perfon charged with fuch of- fence; and the juftice before whom he is brought fhall hear and determine the matter, and proceed to judgment and conviction : and if it fhall appear upon oath to the fatisfadtion of fuch juftice, that any perfon within his ju- rifditStion can give material evidence on behalf of the pro- fecutoror of the perfon accufed, and who will not volun- tarily appear j he fhall iffue his fummons to convene him to give his evidence; and if he ftiall negle£l or refufe to appear on fuch fummons, and no juft excufe fhall be of- fered, then (on proof upon oath of the fummons having been duly ferved upon him) he fhall iffue his warrant to bring fuch witnefs before him ; and on his appearance, if he fhall refufe to be examined on oath, without offering juft caule for fuch refufal, the juftice fhall commit him to the public prifon for any time not exceeding three months. / 16. And 4^2 (Naming, And in all proceedings on this z&, any perfon fliall be adnnitted to be a witnefs, notwithftanding his being an in- hab'tant of the place wherein the offence fhall have been commifted. f. i8. And ihe juftice before whom any perfon (hall be con- victed upon this aft, fhall caufe the conviclioii to be drawn up in the form or to the effedl following; Xo wit. T} £ ii remembredy that on this • day of ■^ in ihe of his majefly' s reign A. B. is convi^ed before — -^ of his majefy's jujlices of the feace for the faid county of [or, for the .. riding, or, divfion of the faid county of or, for the city, li- herty, or tgwn of — as the cafe fhall be] for and '• the faid do adjudge him, or her, to -pay and forfeit the fame, the fum of — Given under — • ihe day year afar ef aid. The fame to be written upon parchment, and tranf- mitted to the next fcffions, to be filed amongft the records ; and if anv perfon fnail appeal to the faid felTions, the juf- t'ces there fnall, upon receiving the faid conviction, pro- ceed to bpar and determine the matter, f. ig. And no certiorari (h^^ll be granted, to remove any pro- ceedings on this a6l. f 10. And if any perfon convicted of any cfFence punlfhable by this a6t, iTiall think himfelf aggrieved by thejuagment of the juflice before whom he fhall have been convidted, he may appeal to the next fefTion?, and the execution of the judgment fliall in fuch cafe be fufpended, the perfon conviCted entering into recognizance at the time cf the conviction, with two fureties in double the fum he fhall have been adjudged to p^y, upon condition to profecute fuch appeal with efFeCt, and to be forthcoming to abide thejudgment and determination of the faid (elTions : and the feffions fhall award fuch ccfls as fhall appearjufl and ' reafonable to be paid by either party ; and if thejudgment: fliall be affirmed, the appellant fliall immediately pay the fum adjudged to be forfeited together with fuch cofts as the court fhall award, or in default thereof fhall fufTer the pains and penalties by this a£t infliCted upon perfons re- fpeCtively who fhall negleCt to pay or fhall not pay the forfeitures by this acl to be paid. f. 21. And no perfon punifhed by this act, fliall be punifhed by any other law. f 22. Gaming houfe 5' ^7 '^e 25 G. 2. c. 36. Any houfe, room, garden, within London or Other place kept for public dancing, mufic, or other tb^^^"*''^' entertainment of the like kind, in London, or within 20 miles thereof, without licence as heretofore following 2. (except (except the theatres of Drury-lane^ Covent Garden, the Hay-market, and other entertainments exercifed by letters patents or licence of the crown, or of the lord chamber- lain) fhall be deemed a diforderly houfe or place, and the keeper thereof fliall forfeit lool, with full cofts, to him who fliall fue (in fix months) in any of the courts ■i.x.JVeJi- minjier. And the perfon who fhall appear to adt as mafier, or as having the management of fuch diforderly houfe, fhall be deemed a keeper thereof. Which faid licence fhall be granted at the laft preced- ing Michaelmas feifions, and fhall be figned and fealed by four juftices in open court, and afterwards be publickly read by the clerk of the peace, with the names of the juftices fubfcribing the famej and no licence fhall be granted at any adjourned feflions ; nor fhall any fee be taken for the fame. And there fhall be infer ed in fuch licence, and made conditions thereof, that the words fol- lowing fhall be affixed in large capital letters over the door or entrance of every fuch licenfed houle or pkce, viz. Licenfed purfuant to a£i of parliament of the twenty- fifth of king George thefecond', and that it fhall not be opened be- fore five ia the afternoon. And in cafe of a breach of either of the faid conditions, the licence fhall be forfeit- ed, and revoked by the juftices at the next feffions, and fhall not be renewed. And to encourage profecutions againft perfons keeping bawdy houfes, gaming houfes, or other diforderly houfes, the conftable, on notice given him in writing by any two inhabitants of the parifh paying fcot and lot, of any per- fon keeping fuch houfe, (hall forthwich go with them to a juftice of the peace; and fhall (on their making oath that they believe the contents of fuch notice to be true, and entring into a recognizance of 20 1 each to produce evi- dence of the offence,) enter into a recognizance of 30I, to profecute vvith effecffc fuch perfon at the next fefTions or affixes, as to the juftices fhall feem meet : and on the con- ftable entring into iuch recognizance, the juftice fhall if- fue his warrant for bringing the accufed perfons before him, and fhall bind them over to appear at the faid fef- fions or affixes, and fhall alfo, if he thinks fit, demand and take furety for their good behaviour in the mean time. And if the conftable fhall negledl or refufe, upon fuch notice, to go before a juftice, or to enter into recogni- zance, or fhall be wilfully negligent in carrying on the profecutiox:, he fhal! forfeit 20 1 to each of the faid inha- bitants. Aad 414 (Bamtng. And on trial, any perfon may give evidence againft the defendant, notvi'ithllanding his being a parifhioner, or having entred into fuch recognizance. And the conftable (hall be allov/ed all thereaf nable ex- pences of the profecution, to be afcertained by twojufticesj and fhall be paid the fame by the overfeers of the poor : and if fuch perfon be convicted, the overfeers fhall alfo forthwith pay lol to each of fuch inhabitants, on pain of forfeiting double to the faid perfons. And no indictment of fuch offence fhall be removed by certiorari. Lofmgorwm- 6. By the 9 An. c. 14. Any perfon who fhall at any time n\ng\o\ or Vii- or fitting, by playing at cards, dice, tables, or other game wards at a time, ^jjatfoever. or by betting on the fides of fuch as do plav, or 20 1 in 24 ,, -^ "' ° r r ^ ■ u »• '• bours. '^y^ to ^'^y o"^ ^^ more perlons lo playing or betting in the whole the fum or value of 10 1, and fhall pay or deliver the fame, or any part thereof; the perfon fo lof- jng and paying or delivering the fame, fhall be at liber- ty in three months to fue for and recover the fame with cofts in any court of record : and if he fliall not fue in three months, it fhall be lawful for any perfon to fue for and recover the fame and treble value, with cofls ; half to fuch perfon who fhall fue, and half to the poor. And every perfon who fhall be fo Uable to be fued for the fame, fhall be obliged and compellable to anfwer on oath fuch bill as fhall be preferred againfl him, for difco- vering the fum of money or other thing fo won. 9 An. c. 14. / 3. 18 G. 2. c. 34. / 3. At any time or fitting.'\ M. 19 G. 3. Bones and Booth. On a motion for a new trial, Perryn baron reported from the laft Brifol affixes, that the adion was brought to re- cover back 14 guineas won by gaming, upon the flatute of 9 An. The play was at a cofteehoufe in Brijlol. They played at ail -fours for 2 guineas a game, from Monday evening to Tuefday eveninc;, without any interruption, except for an hour or two at dinner, but the plaintiff and defendant never parted company. It was infiikd at the tfial, that this was not won at any one fitting, fo as to fall within the ftatute, becaufe the dinner had intervened. But the judge thought otherwife : however, the jury found a verdict for the defendant, much to the diflatisfaiiion of the judge. On fr.ewing caufe it was infilled, that anew trial in an a£l ion for a penalty was unprecedented: And that as both parties were gamblers, neither v/as intitled to anv favour or indulgence from the court. — Gould jufiice (in the abfcnce of £>' chief juftice) was clearly for 4IS granting a new trial, the verdiil being manifellly con- trary to evidence. The Itatute (with refped: to the party lofing) is remedial, not penal. He is to recover back his money, and to that end the 3d fedlion of the ftatute al- lows a bill in equity for a difcovery ; which plainly fliews that it was not confidered as a penal ftatute. Had this been a proceeding on that branch of the ftatute, which in- fiidts pillory or other corporal puniftiment, it had been ©therwife. — BlackJione]Ki9t\ct, of the fame opinion. The ftatute makes the winning of 10 I at one time or Jit ting, a nullity ; and therefore gives the lofer an action to recover back what ftill properly continues to be his own money. To lofe 10 I at one time, is to lofe it by a iingle ftake or bet; to lofe at onQjItting is to lofe it in acourfeof play where the company never parts, though the perfon may not be actually gaming the whole time. — A^ar^5 juftice, of the fame opinion. The ftatute is remedial where the adiion is brought by the party injured, h\Mper.al where brought by a common informer. — And the rule was made abfolute for a new trial. Black, Rep. 1226. Or other game whatfoever'] M. 15 G. 2. Gaodburn and Marley. It was determined, that borfe races are within thefe general words. Str. 1 159. So alfo in the cafe of Blaxton and Pye, £. 6 G, 3, 2 JVilJon. 309. ^ And in the cafe of £jKfl// and Longbothom.' M, 30 G. 1. \t was admitted on all hands that zfoot race alfo is within the ftatute, and that a footman running againft time is a foot race ; but in this cafe, for a flaw in the declaration .in not laying the fa(St clofe enough to the words of the ftatute, the defendant had judgm.ent. 2 JViif. 36. In the cafe of Clayton and 'Jennings, E. 10 G, 3. On an a£tion for 5 guineas won by betting at a horfe race, it appeared that the bet was 10 guineas by the plaintifF, to 5 by the defendant. The plaintifF won,, and obtained a verdidt. It v/as moved in arreft of judgment, that there was no mutuality in the wager ^ for as by reafon of the ftatute the defendant could not have recovered the 10 f^ui- neas, therefore the plaintiff fhall not nov,' recover the five. And of that opinion was the court. And J/hn juftice mentioned the cafe o^ Connor and ^ick in the king's bench about ten years before, when the court took a diftinition between running a horfe for 50 1, which was Javvl'ul j and betting on the fice of the horfe, which wms not {o. And in the prefent cafe, by the opinion of the v/hoJe court, judgment was arrefted. Bloik. Rep. yob. 1 B/ 41 6 (I5aming. By the fame flatute of the g j^n. c. 14. If any perfon fhall, at any ov.q time or fitting, win of any one or more perfon or perfons, above the fum or value of 10 1 ; he fhall upon conviftion on indictment or information, forfeit five times the value of the fum of monev or other things fo won, to be recovered by fuch perfon as fhall fue for the fame. /. 5. And by the 18 G. 1. c. 34.. If any perfon fhall tvin or lofe at play, or by betting, at any one time, the fum or value of 10 1, or within the fpace of 24 hours the fum or value of 20 1 } he fhall be liable to be indicted for fuch of- fence, in fix months, either in the king's bench or at the aflizes ; and being convicted, fnall be fined five times the value of the fum won or loff, which (after fuch charges as the court fliall judge reafonable, allowed thereout to the profecutor and evidence) fhall go to the poor. f. 8. And if any offender fhall diicover another offender, fo that he be convicted, the difcoverer fhall be difcharged \ front all penalties by reafon of fuch offence, if not before convitffed thereof, and fhall be admitted as an evidence to prove the fame. f. 9. But nothing in this acl fhall repeal the aforefaid a(Sl of 9 /•//?. id. f. 10. Lofin^above ?• If any pcrfon fnall play at cards, dice, tables, ten- looi. at atime. nls, bowls, kittles, fhovelboard, or any other paftime or game whatfoever (other than for ready money) or bet on the fides of fuch as fhall play, and fhall lofe any fum or other thing, exceeding 100 1, at any one time or meeting, upon ticket, or credit, or otherwife, and fhall not pay down the fame at the time when he fhall lofe the fame, in fuch cafe he fhall not be bound to make it good, but the contradt for the fame, and for every part thereof, and all aiTurances and fecurities for the fame fhall be void ; and the winner fliall forfeit treble value of all fuch fums as he fliall fo win above 100 1, half to the king, and half to him that fliall fue in one year in any of the courts of record at IVeJiminJhr^ with treble cofls. 16 C. 2. c. 7. In the cafe of Humphries and Righy, M. 1698. A bill was brought, to be relieved againfl; a bond for money won at all-fours. The plaintiff was a difliller, andthedefen- danta tapfter at a bowling green. And it appearing that: the dgfendant laid the cards, and turned up the knave of clubs, which was Jack, feveral times together ; and being an unreafonable fum for fuch perfons to venture ; the plain- tiff was relieved, and the bond ordered to be delivered up, aitho' this cafe was not within the ffatute, the bond beinff 417 being for lefs than lool. For equity always relieved be- fore the ftatute, W-here any fraud appeared. 2 ^br. Eq. Caf. 184. 8. And all notes, bills, bonds, judgments, mortgages, Secmkles to be or other fecurities> where the whole or any part of the vuid. confidcration fhall be for money or any other valuable thing v/on by playing at cards, dice, tables, tennis, bowls, or otlier game whatfoever ; or by betting on the fides of fuch as do game; or for the reimburfmg or re- paying any money knowingly lent or advanced, at the time and place of fuch play, to any perfon io gaming or betting, or that fliall (during fuch play) fo play or bett, — fliall be void : And where fuch fecurities fljall be of lands, or fuch as incumber or afFe£l the fame ; they ftiall enure and be to the fole ufe and benefit of, and devolve upon fuch perfon as might have fuch lanJs, in cafe the faid grantor, or perfon fo incumbring the lame had been dead ; And all conveyances to hinder the^n from devoivjiig on fuch perfon, (hall be void. 9 yf«. c, 14. /. i. Securities] H. jg G. 2. Barjeau and IVnlrnJlr.y. The plaintiff and defendant gamed together, at toffing up for five guineas at a time. And the plaintiff having won all the defendant's ready money lent him ten guineas at a time, and won it, till the defendant had borroived 120 guineas. In an adtion for money lent, it was infifled for the defendant, that by the C) An. c. 14. the plaintiff could maintain no adion ; for by that a6l, all fecurities for money lent to game with fhall be void ; and the borrow- ing on an agreement to pay, is a fecurity. But Lee Ch. J, held that this v/as not a cafe vvithin the acf, for there is not the Word ccntraSi^ as in the ffatute of ufury j and the word fecurities^ as it Hands in this a61, mufl mean lafting liens upon the eftate. The parliament might think there would be no great harm in a parol contract, where the credit was not like to run very high j and therefore confined the z&. to written fecurities. Wherefore the plaintiff obtained a verdiil for ir51. Str. 1249. In the cafe of Rawdon and Shadtvell, Apr. 23, 175 5. A % bill was brought by the plaintiff for an injUS^ioii,and that the defendan: iright deliver up the plaintt^'s bond for , 1 150 1, for money loft at plav, and might refund a fum of 150 1, paid by the plain it in part of the faid bond. It appeared, that the plain;'ih was a lieutenant, and the de- fendant a captain m Cotcerel's regiment ; and about 14 years ago, being quartered ai; Leeds in Yorkftiire, the de- fendant won ot me plaintiff in one evening the fum of I150I. The plaintiff was under age 3 and being lo, gave Vol. II, D d a bond 41 3 (BMnins^ a bond for the money to the defendant ; and afterwards, when of age, paid 150 I in part. It was infifled for the plaintiff, that the fecurities by the ftatute of the 166'. 2. were totally void, and ought to be delivered up ; that the property of an infant in money loft at play, is not altered, and therefore trover would lie ; and the Hatute of the 9 y/«. was mentioned, and a cafe in lA'Iod.qi. For the defendant, it was urged, that the plaintiff on the fame evening won of another in the fame company, to wit, the furgcon of the regiment, a larger fum than the 1150I, which has been paid by him. That fair gaming is not malum infe. It is only prohibited fuh modo. That the cafe cited was of money loft with falfe dice, which the court takes cognizance of as a cheat. That the ftatute of An. gives the court jurifdi6t;on only as to a diicovery. That as to the 150 1, it, was paid after he came of age ; and if the court ftaould order the defendant to refund at the diftance of 14 years, it would cccafion an infinite number of applications. That the ftatute of 16 C. 2. gives no remedy to recover money already paid. That there has been too long an acquiefcence. That money paid, even in cafes of bribery and corruption, cannot be recovered at law. That the ftatute of An. has directed an action wiihin three months, for money loft and paid at play. The lord chancellor faid, the decree he lliould make was not founded on any imputation on the charadier of the defendant, who had put in a very can- did anfwer. But this is a breach of the law, from a falfe principle of honour. And he was of opinion, that the plaintiff v^as intitled to the whole relief prayed ; that a party may come into this court to have a void fecurity delivered up ; that refunding the money is cf courfe, as the ftatute has made the fecurity void to all intents and purpofes. T. \i G. 3. Earl of March and Pigct. The caufe was on a contrji£l made at Nnvmarket. A wager was ori- ginally propofed between young Mr. Pigot the defendant, and young Mr. Codringtouy to run their fathers (to ufe the phrafe of that place) each againft the other. Sir lFil'ua7n Codrington, the father of r.ir. Codringtofiy was then a little turned of ftf:y; T.lr. Pigot's father was upwards of feven- ty. Lord 0^;/7?j' computed the chances, in the proportion of coo to 1600 guineas, according to the ages of their refpedive lathers. Mr. Codrington thought the computa- tion was made too much in his disfavour. Whereupon lord i]/ d 3 ions, lici^ iutterie». ^amtns. fons, prefentations to livings, plate, jewels, (hips, goods, or other things, for the improvement of fmall fums of money ; or fhall fell or expofe to fale the fame or any of them, by way of lottery, or by lots, tickets, numbers, or figures ; or fhall make, print, advertife, or publifn pro- pofals or fchemes for advancing fmall fums of money by feveral perfoiis, amounting in the whole to large fums, to be divided among them by the chances of the prizes in fome publick lottery ; or fhall deliver out tickets, to the perfons advancing fuch fums, to intitle them to a fhare of the money Co advanced, according to fuch pro- pofals or fchemes ; or fhall make, print or publifh, any propofal or fcheme of the like nature, under any deno- mination whatfoever,— — — — and fliall be thereof convicted, on oath of one witnefs, by two juftices where the offence fhall be committed, or the offender fhall be found, he fliall, over and above any penalties by any former adl: made agalnft private lotteries, forfeit 500 1, one third to the king, one third to the informer, and one thiid to the poor, to be levied by diftrefs and fale by warrant of fuch iuftice?, and fliall alfo by fuch juflices be committed to the county gaol without bail for one whole year, and from thence till the faid fum of 500 1 fhall be paid : Pro- vided that perfons aggrieved may appeal to the next quar- ter feiTions. And every perfon who fhall be adventurer in, or any way contribute on the account of any fuch fales, lotteries, propofals, or fchemes, fhall forfc.t double the fum contributed, with cofls, half to the king, and half to him who fliall fue in the courts at Weflminller. 2 G. C.2./. 36, 37. And by the 17. G. 2. c. 2^-/. i . If any perfon fhall ere6t, fet up, continue, or keep, any office or place, under the denomination of a fale of houfes, lands, advowfons, pre- fentations to livings, plate, jewels, fliips, goods, or other things by way of lottery, or by lots, tickets, numbers or figures, cards, or dice ; or fhall make, print, advertife, or publifh propofals or fchemes for advancing fmall fums by feveral perfons, amounting in the whole to large fums, to be divided among them by chances of the prizes in f/>me publick lottery eftabiiHied by acl of parliament, or fhall deliver out. tickets to the perfons advancing fuch fums, to intitle them to a fhare of the money fo advanced, according to fuch propofals or fchemes ; or fhall expofe to fale any houfes, lands, advowfons, prefentations to livings, plate, jevi'els, fhips, or other goods, by any game, me- thod, or device wha'foever, depending upon, or to be determined 4^3 determined by any lot or drawing, whether it be out of a box or wheel, or by cards or dice, or by any machine, engine, or device of chance of any kind whatfoever fhall forfeit 200 I, [to be recovered in the courts at Wejiminfter* 27 G. 3. f. I./. 2. J Moreover, every fuch fale of houfes, lands, advowfons, prefentations, plate, jewels, fnips, goods, or other things, by any game, lottery, machine, engine, or other device, depending upon any chance or lot, fhall be void ; and the fame being pxpofed to ("ale in manner aforefaid, fhall be forfeited to fuch perfon as fhall fue for the fame in any court of record, or at the alTizes. 12 G. 3. c. 28. And, finally, every perfon who fhall be an adventurer in any of the faid games, lotteries, or fales, fhall forfeit 50 1 in like manner, id. j. 3. And moreover by 27 G. 3. f. i. All perfons who fliall publickly or privately fet up, or keep, by himfelf, or any other, any office or place for buying, felling, or dealing in Lottery Tickets., or fhares thereof, without being licenfed ; or fliall fell the chance of any fuch ticket, or fhare there- of, for a day or part of a day, or lefs time than the whole timeof dravving in fuch lotterythen to come; or Infure, for or againfl the drawing of any fuch ticket; or fhall re- ceive any money or goods in confideration of any agree- ment or promife to repay any money, or to deliver the fame ; or any place, jewels, or other goods whatfoever, if any fuch ticket fhall prove fortiinate or unfortunate ; or upon any other chance, event, or contingency rela- tive to the drawing any fuch tickets, whether as to the timeof their being drawn, or otherwife ; yS^/i^ be deemed rogues mid vagabonds within the meaning of the 17 G. 3. c. 5. and fhall be punifhed accordingly. And fuch of- fenders (not having been before fued for the fame oftence) on proof made of the offence as by the fzid adlis direiSfcd, Ihall be fent to the houfe of corte6\ion until the next feffions : and the juftices at fuch felTions fliall examine the caufe, and proceed therein, as by the faid . a£f: of 17 G. 2. is diredlcd. And all juflices, mayors, conflables, and other ofncers, are required to ufe their utmofl en- deavours, to prevent the committing any of the ofl-'ences aforefaid, by all lawful means, and they fliall be indem- nified. /, 2. But no perfon fhall be liable to be profecuted, by ac- tion for the recovery of a pecuniary penalty, and by im- prifx^nnient as a rogue and vagabond, f, 7. D d ,j. And 424- (S.imins. And all powers, authorities, rules, direftions, punifii- ments, and provifions prcfcribed and inflidted by the faid a£l of 17 G. 2. not hereby altered, fhall be applied in carrying this acl into execution, in relation to the per- fons hereby declared rogues and vagabonds. /. 3. /.ctof hrarts, ly. The gatrie of ace of hearts, faro, bafTet, and ha- hi^'-'id'*'^"'^"'' zard, fiiall be deemed games, or lotteries by cards or dice ; and every pcrfon who fhall fet up, or keep thefe games, fliall be liabie to all the abovementionsd penalties, for fettiiig up or keeping any the games or lotteries in this affc mentioned. 12 G. 2. c. 28. /. 2. And every perfon who (hall play, fet at, flake, or punt at anvofthefaid games, fhali forfeit 50 1 in like man- ner. /3. Paffass. 18. Alfo the game of pafTage, and every other game with one or more die or dice, or with any other inftru- ment, engine, or. device in the nature of dice, having one or more figures or numbers thereon (back- gammon, and the other games played with the back-gammon tables, only excepted), ihall be deemed games or lotteries by dice, within the faid acl of 12 G. 2. c. 28. — 13 G. 2. Roly-poly; 19. Alio by the 18 G. 2. c. 34. !No perfon ihall keep any houfe, room, or place for playing, or fufter any perfon within luch place to play at roly poly, or any other game with cards or dice already prohibited by the laws of this realm : and if any perfon (hall keep fuch houfe, or fufFer any perfon to play at roly poly, or other game with cards or dice prohibited by la.v/, helliall be liabie to the penalties and profecution, as by the faid acl of the 12 G. 2. c. 28. — 18 G. 2. c. 34. / I. And if any perfon fhall play at roly poly, or any game with cards or dice prohibited by law ; he Ihall be liable to the penalties and profecution, as by the faid acl of the 12 G. 2. — 18 G, 2. c. 34./ 2. Foreign lot- 20. Ifany perfon fhall, by colour of any grant from any tenes. foreign prince or flate, fet up any lottery, or undertaking in the nature of a lottery, under any denomination whatfoever ; or fhall make, print, or publifh any pro- pofal for any fuch lottery or undertaking ; or fhall fell or difpofe of any ticket in any foreign lottery ; and fhall be convidled thereof, on oath of one witnefs, before two juftices where the offence fhall be committed, or the of- fender fhall be found, he fhall over and above any penal- ties by former acls againft unlawful lotteries, forfeit 20© I, one third to the king, one third to the informer, and 3 ^ ■■ . one (I5amt'ng. 425 one third to the poor, to be levied by diftrefs by warrant of fuch julUces ; and fhall alfo by them be committed to the county gaol for one year, and from thence till the faid fum of 200I be paid: Provided, that perfons ag- grieved may appeal to the next quarter feffions. 9 G. c. 19-/ 4. 5- And by the 6 G. 2. c. 35. If any perfon (hall fell, pro- cure, or deliver any ticket, receipt, chance^ or number in any foreign orpretended foreign lottery, or in any clafs, part or divifion thereof, or in any undertaking in the nature of a lottery; or fiiall fell, procure, or deliver any ticket, receipt, chance, or number in any duplicate or pretended duplicate of any foreign or pretended foreign lottery ; or foall receive any money for any fuch ticket, receipt, chance, or number, or in confideration of any money to be repaid in cafe any ticket or number in -^ any 'foreign or pretended foreign lottery, or any clafs, part, or divifion thereof, fhall prove fortunate ; and fliall be convi6led thereof in the courts at JVejlminJler^ or on the oath of one witnefs before two jufUces where the offence fiiall be committed, or the offender fhall be found ; he fhall forfeit 200 1, one third to the kin^, one third to the informer, and one third to the poor • the fame (in cafe of conviilion before the juflicesj to be levied by diftrefs by warrant of fuch juftices ; and fhall alfo be committed to the common goal for a year, and from thence till the 200 1 be paid; provided, that perfons aggrieved may appeal to the next quarter feffions. / 29, 30. 21. No perfon, other than the plaintiff and defen- tt e c , nni- • ir 1- /• How tar an or- dant, mail be incapacitated fron), bemg a witnefs, touch- fender may be a ing any offence againfl the laws for preventing exceffive witnefs. and deceitful gaming, by reafon of having played, bet- ted, or flaked at any prohibited game. 18 G. 2. c» <5doI 420 dSacl anh gaoler* For breaking gaol. See PjlfCU b^Cafelilfl:. /. Building and repairing of gaols. J I. Who jhall have the keeping of gaols, III. Gaoler JJoall receive criminals, IV, How they Jhall be' maintained. V: Selling of firong liquors in gaols. VI. How frifoners may be fet on work. VH. How they Jhall be refrained a7}d kept. VIII. Of clergymen to officiate in gaols ^ IX. How prif oners Jhall be delivered, X. Of gaolers permitting ef capes, XL Concerning debtors. XII. Concerning the prifons of the King's Bench and Mar/lialfea. 1. Building and repairing of gaols, TH E juftices, or the greater number of them, within the limits of their commiffion, upon prefentment of the grand jury at the affizes (or feffions, 12 G. 2. f. 29. J. 13.) of the infufHciency or inconveniency of the county gaol, may contract with any perfon for the building, finifhing, or repairing the fame. iiSci^fV.c. 19./ i, 2. The expence thereof to be paid by the treafurer, out of the general county rate. 12 G. 2. /. 29. But this fhall not extend to gaols held by inheritance ; nor to charge any perfons in any town or liberty which have common goals for felons, and commifiioners of affize or gaol delivery, for any afleflment to the making the common gaol for the ihire. 11 & 12 IV. c. 19. /4-j 5- By the 24 G. 3. c. 54. JeJJ. 2. The juftices at their ^^^,^^'^:^"'''^ general quarter feiiions, or the maiorpartof them, fuch or enlarged by o . ^ i • i - i . ■' ^ - orJer of feffions. major part not being lets than (even, upon prclentment made by the grand jury at the allizeSjof theinfufficiency, in- conveniency, or want of repair of the gaol, may contra»it for thebuilding, repairing, or enlarging the fame, and the yard?, courts, 0aDl anD saoler. 427 courts, and outlets thereof, and adding fuch other build- ings, and making fuch convenicncies, as fliali be adjud"-ed requifite; or for erecting any new gaol upon any fcite or ground within any diiiance not exceeding two miles from the fcite of the old gaol, and in that cafe for the felling the old gaol, and the fcite thereof, and land thereunto belong- ing or any part thereof, and alfo the materials of the old gaol; the contractors giving fecurity to the clerk of the peace, for performance of the contract, f. i. And the faidjuftices after fuch prefentment made, fhall at the next fefTions, caufe notice to be given three times at leafi-, in fome publicic paper circulating near the place, of fuch prefentment having been made, and of their in- tention to take the fame into confideration at the next en- fuing or fome following feffions, and after fuch confidera- tion thereof, they fhall give notice in fuch paper of their intention of contracting as aforefaid : And all contracts then made, and orders relating thereto, (liall be entered in a book by tne clerk of the peace, and kept by him to be infpedted by the faid juftices, or any other perfon contri- buting to the rates of the county, without fee. f. 2, And thefaid juftices may build any new gaol in any part juftices ma- ef the county, in cafe (in the prefentment made of the ^"i'*^ *"'='*' gaol inconvenience of the old gaol), it be exprefsly prefented '" »"y P"*^**^' that the place wherein the old gaol is fituate, is improper, and that the faid gaol ought to be removed to fome other part of the county ; and in cafe three fourths in numher of the juftices aflembled, at two fuccefTive quarter felfions (notice having been given three times at leaft in fome publick newfpaper as aforefaid, of the time of holding the fame, and of the place to which fuch gaol is intended to be removed) fliall approve of fuch removal, but not other- Wife, f. 3. And the faid juftices fiiall, as well in the choice of the To be divided ground, as in determining upon the plans, purfue fuch >"to ft-'parate meafures as fliall provide feparate and diftindt places of^P*"""""^*. confinement, with dry and airy cells, in which the fe- veral prifoners of the following defcriptions refpeitively maybe confined, as well by day as by night; namely, prifoners conviiSted of felony, prifoners committed for, or adjudged to be guilty of, mildemeanors only, and debtors : The males of each clafs to be feparated from the females : and a feparate place of confinement to be provided for fuch prifoners as are intended to be examined as witnefTes on behalf of any profecution of any indiiSlment for-rfelony. And alfo feparate infirmaries, or fick wards, for the men and for the women : And alio a chapq,! : And convenient warm 42 8 dSfaol anDs^*Dlen warm and cold baths or tubs, and other things as dlref^ed by 14 G. 3. c. 59. and care to be taken that prifoners fhall not be kept in any apartment under ground, f. 4. _ .. And the laid iuftices (after prefentment ijiade as afore- purchsfe houiesfaid) may purchafe any houies or lands, for building, en- or lands. ]arging, dnd accommodating fuch gaols, and to direct the fame to be conveyed to fuch perfon as they fhall think fit, in truft for the purpofes aforefaid ; and (uch houfe and lands when added thereto, ihali be deemed and taken to be a part of fuch gaol. / 5. , „, ^ No iuftice who fhall under the authority of this ac^ do to beinic:e;^sd any matter or tning m tiie execution thereoi, mall be ca- in contradks. pable of having any beneficial intereii or concern what- foever, either in his own name, or in the name of any other perfon in truft for him, in any contrafl or agree- ment to be made under the authority of this acl ; or {ha!} for anv defign or plan he may deliver or produce, receive anv benefit or emolument v/hatfoever. /i 19. Accidental da. Thejuftlces in feffions may appoint one or more juf- msgcs. tices to vific and fuperintend the gaols, and make report of the ftate thereof to the court, who may, upon fuch re- port, order any fum not exceeding 200I. in any one year, to be laid out upon the repairs thereof, notwithftanding fuch want of repair (hall not have been prefented by the grand, jury. And if it (hall happen that the gaol, by any breach beino- made in the fam.e, from attempts of prifoners to efcape, or other cafualties or accidents, fhall be rendered unfafe for the cuftody of the prifoners therein confined, between the feveral times of holding the feiTions, one or niorejuftices may order the damage occafioned thereby to be immediately fa far repaired as may be fufHcient for the fafe cuftody of the prifoners, and upon report thereof to the fefnons, they may order payment for the fame. /. 7. Piifoners my When the juftlccs fhall think it neceffary that the pri- fceremvjyes. foners fhall be removed for the building a new gaol or re- pairing the old one, on giving fufficient notice to the fheriff, it fhall be lawful for him to remove fuch prifoners to the houfe of correction, or fuch other place of con- finement, as the faid juftices, with the ccnfcnt of fuch fherifF, fhall approve of: And the expence of fuch re- moval, and the expence which may be incurred by the fherifiFon account of the fafe cuftody of fuch prifoners, (ball be paid out of the county rate, and fuch removal as aforefaid fhall not be dee.med or taken to be an efcape. But this fhall not extend to difcharge any fherifi'or gaoler for being anfwerable for the aftual efcape of any prifoner in his cuftody. f. 5. And (Baol aiiD gaoler. 429 And whereas there are feveral perfons confined in coun- Expencesj ty and city gaols under fentences and orders made by one or more julliccs at their feflions, or otherwife, upon con- vidions in a fummary way, without the intervention of a iury : it is enacted, that any judge of affize, or two juf- tices of the peace within whofe jurifdiiStion fuch gaol is fituate, may remove fuch perfons to any houfe of correcStion within the fame jurifdiclion, there to be confined, and to remain in execution of fuch fcntence or order. 24 G. 3, c. s^-M' 2./. 12. And the expence of building, re-building, repairing, or enlarging fuch gaols, and fuch other nece/Tary expences as aforefaid, fiiall be paid out of the county rate ; and when the amount thereof fhall exceed one half of the amount of the ordinary annual adelFment for the county rate, (to be computed at a medium for the laft five years preceding), the juftices in feffions may borrow on mort- gage of the faid rates, any fum not Jefs than 50 1, nor more than looli and may order the intsreft due thereon, and fo much of the principal fum as {hall be equal at leaft to the faid intereft, to be paid oft yearly, until the whole thereof fliall be difcharged, snd an account thereof ftiall be kept in a boolc to be provided for tiist purpofe, which . book fhall be delivered Into court at every quarter fefTions, andlhall be infpected by the juftices, who lhall make fuch orders relating thereto as to them fhall feem meet : Pro- vided that the whole money borrowed be fully paid Vv'ithin 14 years from the time of borrowing the fanoe, 24 G. 3. <^' s^'M\ 2'/ 8, 9, 10, II- ^ And if any perfon interefted in any houfes or lands Parties rcfufiitg which fliall be deemed necefTary for the building or en- '^^ tf«*t« larging fuch gaols, fliall upon notice in writing being given to them, or left at their ufual place of abode, re- fufe to treat, or accept the price that fliall be offered for the fame, for twenty-one days next after fuch notice ; the juftices in feffions (hall order the value thereof to be afcertained by a jury ; who may examine witnefl'es upon oath, (to be adminiflered by a ju(fice), and the verdifl of fuch jury fhall be filed at the feffions, and fhall be final and conclufive againft all perfons whatfoever. J. 14. II. Who jh all have the keeping of gaols. The gaol itfelf is the king's, but the keeping thereof is incident to the office of the flicriff, and infeparablc from iti except fuch gaols whereof any perfons have the keep.- 430 ^M ana saoier. ing by inheritance or fucceflion. 14 Ed. ^.JI. i. c. io» 19 H. 7. c. 10. 7. hift. 589. And therefore the fheriffs Ihall put in fuch keepers for whom they will anfvver. 14 Ed. '^. Ji. i. c. 10. But by the 3 G. c. 15. / 10. None fhall buy the of- fice of gaoler, on pain of 500 1 3 half to the king, and half to him that fliall fue. And a gaoler in fact, is as much punifliable for a mif- demeanor in his office, as if he were a rightful gaoler. 2 Haw. 134. ///. Gaoler JJj all receive criminals. All felons fnall be imprifoned in the common gaol, and not eifewhete. 5 H. 4. c. ic. And if the gaoler refufes to receive a felon, or take any thing for receiring him, he fhall be punifhed for the fame by the juftices of gaoi delivery. 4 Ed. 3. c. 10. Dalt. c. J 70. But vagrants and other criminals, offenders, and pcr- fons charged v;ith finall offence?, may for fuch offences, or for want of fureties, be committed either to the com- mon gaol, or houfe of correclion, as the juftices in their judgment fnaii think proper. 6 G. c. 19. I^. H01V theyJJjall he niaintained. Lord Coke fays, the gaoler cannot refufe the prifoner vicluals, for he ought not to fuffer him to die for want of fuftenance. i /«/?. 295. But this is denied by others; and as there are feveral ftatutes which provide for the maintenance of prifoners, without fuppofing the gaoler any way obliged to it, it feemeth that this opinion is not maintainable, ,Bac. Abr, Gaol, gaoler. F. For by the 14 El. c. 5. and 12 G. 1. c. 29. they are to be provided for by a fum to be paid out of the general county rate, by the high conftables, to fuch fufEcient per- fons dwelling nijrh the gaols, as fhall be appointed by the juftices in open feflions, who (ball be there ready to re- ceive it. V, Selling of ale , "Ji-inej cr ether frrong liquors in gaols. By the 24 G. 2. c. 4c. No licence fhall be granted for xct2i\\\vig fpirituous liquon within any gaol or prifon j and 2 1^ (Baol ana gaoler ♦ 431 jf the gaokr fhall fell, lend, ufe, or giveaway, or fufFer :jhe fame (except by way of medicine) ; he fhalj forfeit lool, half to the king, and half with full cofts to him who fliall fue. / 1.7. And any juftice on information on oath, that fpirituous liquors are kept or difpofed of in fuch gaol, may enter and fearch, orifilie his yvarrant to fearch for, and feize, and ftave, and deftroy the fame. f. iS. And if any perfon fhall endeavour to bring any fpiri- tuous liquors into fuch gaol, the gaoler or his fervants may apprehend and carry him before a juftice; and if by the oath of one wiftiefs or otherwife fuch perfon fhall be convidled, he (hall be committed to prifon or to the houfe of corre6tion, not exceeding three months, unlefs he fliall immediately pay down fuch fine, not exceeding 20 1, and not lefs than 10 Ij as the juftice fhall impofe, to be paid, half to the informer, and half to the poor of fuch gaol. / 19. And a copy of the three claufes above, fnall be hung up in each gaol, on pain of the gaoler forfeiting 40 s, to be levied by warrant of one juftice, on ccnvi6lion on the oath of one v/itnefs : A.nd any juftice may enter and de- mand a fight of fuch copy, and if not fhewn to him, he fhall immediately convidt fuch gaoler : one half of the faid penalty to be to the informer, a^d the other (or the whole if there be no informer) to the poor of fuch gaol. / 20. And by the 24 C 3. c. 54. fef. 2. No gaoler, nor any Gaolers arc not perfon in truft for him, or employed by him, fhall fufFer to be licenfed. tippling or gaming in fuch prifon ; nor fhall fell, or per- mit to be fold, or be capable of being licenfedto fell, any wine, ale, or other liquors ; or have any beneficial inter- eft or concern whatfoever in the fale or difpofal of any liquors of any kind : Or in any tap-houfe, tap-room, or tap, on pain of forfeiting 10 1 for every fuch offence; to be recovered by diftrefs, by warrant of twojuftices, upon confeflion of the party, or upon the information on oath of one witnefs, which penalty fhall be diftributed half to the informer, and half to the prifoners confined in fuch gaol J and for want of fufiicient diftrefs, the oftender to be committed to the houfe of corredlion for any time not exceeding three months, unlefs fuch penalty with rea- fonable charges fliall be fooner paid. J. 22. N. B. There is a form ofconvi£iion fet forth in the aSi, And the faidjuftices in their fefTions, or at any fpecial Junicesmsy adiournment thereof held for fuch exprefs purpofe, may if I'o'vfj'a'ias ta •432 dgaol aiiB gaoler. it fhall appear to them neceiTary or proper, appoint falarles or allowances to gaolers, in lieu of the profits which were before derived from the fale of liquors, as to them Ihall Teem meet, and order the fame to be paid out of the county rate, by a certificate offuch allowance being figned bv the chairman of the feffions : But no chairman fhali fign fuch certificate, unlefs notice of fuch intended applica- tion, fio^ned by the clerk of the peace, hath been given 14 days at leaft before the holding of fuch fefTions or adjourn- ment thereof, by two feveral advertifements in fome newf- paper printed and circulated in fuch cou»ty. f. 20, 21. VI. How frijoners may he Jet on work. The juiliccs in their general fefTions, if they find it needful, may provide a ftock of fuch materials as they find convenient for the fetting poor prifoners on work, to be paid for by the treafuref out of the general county rate ; and may pay and provide fit perf^.ns to overfee and kt fuch prifoners on work ; and make fuch orders for accounts concerning the piemifTes, as {hall be thought needful, and for punifliment of neglefl and other abufes, and for be- ftowinc^ the profits arifing by the lahour of the prifoners for their relief." Provided that the fum to be fo paid do not exceed the rate of 6 d a week for any one parifh. 19 C. 2. c. 4. /. I. 12 G. 2. c. 29. VII. Hew they jhall he reftrained and kept. The county gacl is the prlfon for malefa£Lors ; but pri- foners for debt, where efcape lies againft the fherifF ter their efcaping, may be kept in what place the fherifF pleafes, L. Raym. 136. By the 31 C 2. f. 2. If any perfon {hall be committed toanyorifon, for any criminal or fuppofed criminal of- fence, he fhall not he removed from thence, unlefs it be by habeas corpus or fome other legal writ ; or where he is removed from one prifon or place to another, within the fame county, in order to his trial or difcharge ; or in cafe of fudd=n fire or infection, or other neceility: On pain that the perfon figning any warrant for fuch removal, and the perfon executing the fame, (hall forfeit for the firft offence 100 1, and for the fecond 200 1, to the party grieved. /. 9. But dPacl anD saoler* 43 But oa emergent occaftons, as in cafe of infefllous difeafes, the fherifFor gaoler, with the advice and confent of three or morejuftices (i ^.) may, if they fhall find it needful, provide other fafe places (with the owner's confent) for the removal of fick or other perfons out rf the ufual gaols, iq C. 2. Cf\.f. 2. By the 22 ^ 23 C. 2. c. 20. The gaoler fhall not put, keep, or lodge pritoners for debt and felons together in one room or chamber; but they fnall be put, kept, and lodged feparate and apart from one another in dillin£l:s rooms 3 on pain of forfeiting his office, and treble damages to the party grieved, f. 13. "■ Neverthelefs it feemeth generally in all cafes where a man is committed to prifon, efpecially if it be for felon)', or upon an execution, or but for a trefpafs or other of- fence, every gaoler ought to keep fuch prifoner in fafe and clofe cuftody ; fafe, that he cannot efcape ; and clofe, without conference with others or intelligence of things abroad, Dalt. c. 170. And therefore if the gaoler (hall licenfe his prifoner to go abroad for a time, and then to come again, or to go abroad with a keeper, though he come again, yet thefe are efcapes. Dalt, c 170. And hereupon it is lawful for the gaoler to hamper a felon with irons to prevent his efcape. i H. H. 601, Dalt. c. 170. and it is faid, that a gaoler is no way punifliable for keeping even a debtor in irons. 2 Haw, 152. But the learned editor of Hale's Hi/lory obferves, that this liberty even in the cafe of a felon (much more in the cafe of a prifoner for debt) can only be intended, where the officer hasjuft reafon to fear an efcape; as where the prifoner is unruly, or makes any attempt to that purpofe ; but otherwife, notwithftanding the common practice of gaolers, it feems altogether unwarrantable, and contrary to the mildnefs and humanity of the laws of England, by which gaolers arc forbidden to put their prifoners to any pain or torment. And lord Coke, 2 /«/?. 3S1. is exprels, that by the common law it might not be done, i H. H. 601. I And if the gaoler keep the prifoner more ftriiSlly thaa lae ought of right, whereof the prifoner dieth, this h "elony in the gaoler by the common law : And this is the :aufc, that if a prifoner die in gaol, the coroner ought to it upon him; and if the death was owing to cruel and jppreffive ufage on the part of the f?aaler or any officer Vot. IL E e " of 434- ci5aDl an!3 saolet. of his, it will be deemed wilful murder in tfie perfon guilty of fuch durefs. 3 b.Ji. 91. FoJI. 321, 322. But if a criminal, endeavouring to break the gaol, af- fault his gafler, he may be lawfully killed by him in the affray, i Haw. 7!. i H. H. 496. For gaolers and their officers are under the fame fpecial protection that other minifters of jufrice are. Aftd therefore if in the necefTary difcharge of their duty they meet with refiftance, whether from prifoners in civil or criminal fuits, or from others in behalf of fuch prifoners, they are not obliged to retreat as far as they can with fafety, but may freely and without retreating repel force with lorce. And if the party fo refifting happeneth to be killed, this on the part of the gaoler, or his ofRcer, or any perfon coming in aid of him, w-ill be juftifiable homicide. On the other hand, if the gaoler, or his officer, or any perfon coming in aid of him, fhould fail in the cor.flidl, this will amount tov.'ilful mur- der in all perfons joining in fuch refidance. It is homi- cide committed in defiance of the juftice of the kingdom. Ff/i. 321. But forafmuch as the gaol is intended, in moft cafes for cuflodvand not for punifhment; and confinement it- ie}A in fuch difmal abodes is fufficiently afflictive and dif- confolate ; human nature will plead for thofe miferable cbjefts, that their condition be rendrcd as tolerable as the cafe will admit of; particularly with regard to cleanlinefs, which is the parent of health ; and wholefome air, which is life itfeif. A remarkable efFedt of want of care \n this refpedl. Sir Michael Fojh r tiikcs notice of, in the" cafe of one Mr. Clarke, who w-as brought to his trial at the 0/r/ ^^/7^y fefficns in ^/-r// 175O. It being a cafe of great expeftation, the court and ail the paflages to it were extremely crouded. I'he weather alfo was hotter than is ufual at that time of the year. Many people who were in court, we-re fenfibly affe gaoler. carry him to gaol within 24 hours from the time of the arreft, unlels fuch perfon arrcfted fhall refufe to be carried to fonie fare and convenient dwelling houfe of his own appointment within fome city or market town (if there arrefted), otherwife within 3 miles from the place of arreft, fo as fuch dwelling houfe be not the houfe of the perfon arrefted, and be within the refpective divifion or liberty. And no fherifF, bailifF, or other officer, fhall take more for one or more night's lodging, or for a day's diet, or other expences of any perfon under aireft, than fhall be allowed by order of iefTions : Which feffions {hall make order therein, and vary the fame from time to time as they Ihall fee occafion; and fhall caufe a copy of every fuch order, and of every variation or alteration thereof, fign- ed by the clerk of the peace, to be put and kept up in fome confpicuous place in the feiuons hcufe or other pro- pel- place, that the fame may be there feen and examined. And every fherifF, and other perfon intrufled with the execution of procefs fh^ll deliver a printed copy of the . fevferal claufes in this adl relating to bailiffs and other per- fons to be employed under them, to every fuch bailifF and other perfon ; and fhall alfo make it part of the condition of the bond to be given by fuch bailifF or other perfon, that he will fhew and deliver a copy of the faid claufes to every perfon he fhall arreft and go with to any publick or other houfe where any liquor fhall be fold, and that he will permit every perfon fo arrefted or any friend of his, to read over the fame claufes before any liquor, meat, or victuals fhall be called for or brought to fuch perfon : And if any baiiifF fhall ofFend in the premifFes ; he fhall, befides the breach of the condition of the bond, be deemed guilty of a mifdemeanor in the execution of the procefs, and punifliable as fuch by virtue of thisadl. f. 3. Gaoler to fuffer 2. And the fherifFs and gaolers fhall fufFer any prifoner the prifoner to for debt, atL.his will and pleafure to fend for or to have laries.""^ ""^ " brought unto him atfeafonable times in the day, any beer, ale, viclluals, or other necefFary food^. from what place he fhall think fir, or can have the fame j and alfo to have and life fuch bedding, linen, and other neceiFaries, as he fhall have occaficn for and think fit, or fliall be fupplied with, without purloining or detaining the fame, or requiring him to pay for the having or ufmg thereof, or putting any manner of reftraint or difficulty upon him in relation thereunto. / 4. 3. The ti5aol an& saoler. 441 3. The two lords chief juftices and lord chief baron, j^ftices to eda- or iwo of them, together with the mayor and two alder- biifh tables of men of London, or with three aldermen without the ^"j' ^^.^ '"J'* r A r 1 T •!• ir-i- ^"o ordei s for mayor, m refpect or the pnions withm the laid city ; and tliereguUtioa the faid lords chief juftices and chief baron, or two of "^^S^*"'^- them, together with three juftices of the peace of Mid- dlefex and Surry rcfpe^tively, for the prifons within the faid counties j and eifewhere, the juftices in feflions, — flial! eftablifti tables of the rates and fees to be taken by gaolers within their refpedlive jurii"di61ion, and vary the fame from time to time as they (hall fee occafton. The fame to be figncd refpeitively by the faid judges, mayor, aldermen, and juftices within London, Middlefex, and Surry; and eifewhere, to be figned by 3 or more juftices in feftions, and afterwards reviewed and confirmed or moderated by the judges of affizc (or juftices of great feffions in Wales and Chefhire) at the next aflizes to be held after making or varying the fame as aforefaid ; the fame to be afterwards figned by the faid judges of afllze and three juftices of the peace of fuch divifton or place refpe6tively. f. 5. And proper rules and orders^ for the better government of the refpeclive gaols and prifoners therein, ftiall be made, and altered from time to time as there fliall be occafion, by the courts of Weftminfter hall for the feveral prifons belonging to the faid courts : And by the faid lords chief juftices and chief baron or two of them, together with the mayor of London and tv/o aldermen, or with 3 aldermen without the mayor, for the prifons within the faid city: And by the faid lords chief juftices and chief baron or two of them, together with 3 juftices of the peace, for the prifons within Middlefex and Surry ; and eifewhere, by- three or more juftices in feflions, for the prifons within their refpeclive diftricls ; the fame to be afterwards re- viewed, and altered if thought neceflary, by the judges of afllze at the next aflizes after making or altering the fame ; And after every making or altering as aforefaid, the fame fliall be figned by the faid feveral perfons authorized to Inake, review, or alter the fame. f. 6. And duplicates of every fuch table of fees and of orders which fhall be made for the prifons belonging to the courts of Weftminfter hall fhall be inrolled in fuch court : And for any other prifons, ftiall be tranfm.itted to the clerk of the peace, to be inrolled by him, without fee ; and every fucn clerk of the peace (liall caufe another copy thereof to be hunG; up in the court where the affizcs or quarter feflions fiiall be held, there to remain and be infpeded j and 44-2 d^aol anD gaoler.- and fliall caufe another copy thereof to be tranfmitted to the gaoler ; and fuch gaoler (hall forthwith caufe the fame to be hung up in fome open place and in a confpicuous manner in his gaol ; and to be there l,.ept up, fo as that the prifoners may have free refort thereto, at feafjnable times in the day, wi'.hout paying any thing for the fame. id. And the courts of Weftminfter hail {hall, in every Mi- chaehnas term, inquire whether fuch tables of fees and fuch rules or orders are there hung in the feveral prifons to them belonging, and duly complied with : And the judges of affize fhall make like inquiry, and (hall fupply and redrefs whatever they fl^iall find neglected or tranfg,refled » relating thereunto; and fhall exprefsly give in charge to the grand jury, to make inquiries thereof, f. 7, 8. And no gaoler fhall take, diredtlv or indirecilv, of any prifoner for debt, damages, corts, or contempt, any other fee for his commitment, or coming into gaol, chamber rent there, releafe or difcharge, than (hall be allowed in the faid table of fees : And every fherift, gaoler, or other officer, who fhall in any wife offend againft this ail, fhall for every fuch offence (over and above fuch other penal- ties or punifhments as be fliall be liable to by the laws now in force) forfeit to the party grieved 50 1, with treble colts. / 12- Charjtiesto 4. The courts at Weftminftcr, juftjccs of aflize (and l^^^'" great feffions,) jultices of the peace, and commiffioners for charitable ufes, (hall from time to time inquire con- cerning gifts and bequefls to poor prifoners; who may fend for papers and witneffes, and examine perfons upon oath, and order and fettle the payment thereof in fuch eafy and expeditious way as they fliall think proper, f. g. And a table of fuch benefactions, after every fuch fet- tling thereof, fliall be tranfmitted to the clerk of the peace, to be regiftred by him. without fee; and another table to the gaoler, to be hung and kept up by him in fome confpicuous place in his gaol, where the prifoners may have eafy refort thereto without fee. J. lO. Redrefi of 5» ^n the petition in term time of any perfon being or grievances. having been under arreit, complaining of any exaction or abufe by the gaoler or otlier cfEcer, unto any of the courts of record at Weftminiter, from whence the procefs iffued ; or, in vacation time, to any of the judges of fuch court, or to the judges of afiize or great feffions, or judges of anv other court of record from whence fuch procefs iffued ; they fhall hear and determine the fame in a fum- mary way, and make fuch order thereupon for redreffing the d^aol anh gaoler. 443 the abufes, and for punifhing the offender, and for mak- ing reparation to the party injured, as they (hall think juft, together with full colts of the complaint; the fame to be inforced by attachment, or in any other manner as other orders oi the faid courts or judges maybe inforced. /ii. 6. If any perfon fiKilI be charged in execution, for any How prifoncTs fum not exceeding lOO 1, [and by 26 G. 3. f. 44. y^ i."}''^^^^'^' the fame is extended to any fum not exceeding 200 1, jiverlng up their which act is in force for 5 years], and fhall be minded to tSiCts, deliver up to his creditors who (hall fo charge him in execution, all nis eftace anci effects towards the falisfaftion of the debt wherewith he fhall fo fland charged; it fhall be lawful for fuch prifoner, before the end of the iirft term which fhall be next after his being fo charged in execution, to exhibit a petition to any court of law from y/hence the procefs ifl'uedjOr to the court into which hefhall be removed by habeas corpus, or fhall be charged in cuftody, and fhall remain in the prifon thereof ; certifying the caufe of bis imprifonment : And fetting forth therein, not only a juft and true ac- count of all the real and perfonal eilate which he or any perfon in truft for him is intitled to at the time of his pe- titioning, and of all incumbrances and charges affecting the fame ; but alfo a juft and true account of all the real and perfonal eftate which he, or any perfon in truft for him or for his ufe, was interefted in or intitled to at the time of his imprifonment, either in poffeflion, remainder or expe(Elancy, to the beft of his belief, and fo far as his knowledge extends ; and likewife a juft and true account of all fecurities wherein any part of his eftate confifteth, and of all deeds, evidences, writings, books, bonds, notes, and papers concerning the fame or relating thereto ; and the names and places of abode of the witneffes to all fe- curities, bonds, and notes, and where they are to be met with, fo far as his knowledge extends ; And before fuch petition (hall be received by any fuch court, he fnall caufe to be given or left unto or for all the creditors at whofe fuit he fhall ftand charged in execution as aforcfaid, their executors or adminiftrators, and at their ufual places of abode (or to their attorney or agent laft employed in the caufe, if fuch creditor', or their executors or adminiftrators, cannot be n)et with, and not otherwifc) 14 days at leaft before fuch petition fhall be prefented and received, a notice in writing, figned with his name or jparkj importing, that he doth intend to petition the court from 444 'ith fuch petition ; fuch court, on be^ inz ®aol an& gaoler, 447 ing fatisfied with the truth of fuch affidavit, (hall make x rule to cauie the prifoner to be brought to the next affixes (or great feflions in Wales and Chefhire) to be holden for the place where he (hall be imprifoned j and the expence of bringing him, not exceeding i s a mile, fliall be paid * to the gaoler out of the prifoner's eftate if the fame iliall be fufRcientto pay fuch expence ; and if not, then to be paid by the tieafurer of the county or place in which fuch prifoner {hall be imprifoned, as fhall be allowed by the judge ; and the creditors, or their executors or admini- ■ . ftrators, (hall by order of the court from whence the pro- cefs ifflied, be fummoned to appear at the faid aflizes, if they can be met with j if not, then the attorney lad em- ployed for fuch creditors; and a copy of fuch order fiiali be ferved on every fuch creditor, or his executors or ad- miniftrators, or left at his dwelling houfe or ufual place of abode, or with his attorney laft employed, 14 days at leaft before fuch aflizes. And upon afndavit of fuch fer- vice thereof being laid before the judge of afTize, he (hall on being fatisned with the truth of fuch afHdavit, appoint a time for hearing the matter of the petition, on fome cer- tain day and time, on the crown fide of fuch court, dur- ing fuch aflizes. And on the appearance of the faid creditors -, or, in default of their appearance, either ia perfon or by attorney, then on proof of their being duly ferved with the notice, and of a copy of the fchedulc being comprifed in fuch notice, and of the rule of fuch court for their appearance being duly ferved; the judge fhall in a fumrtiary way examine into the matter of the petition, and adminifter the oath to the prifoner, and make fuch order in the premifTes as to him fliall feem meet, and proceed in manner as aforefaid concerning the pri- foner's difcharge, and give the fame judgment, relief, and directions relating thereunto, as any court out of v^hich the procefs fhall iflue is herein before directed to do : And the order of the faid judge {hall ftand good, and be cntred upon record in fuch aflizes ; and a copy thereof (figned by the judge) fnaii be tranfmitted to the court from whence the execution ifi'ucd, to be there alfo entred up.on record, 7. And by 26 C 3. c. 41. (which is in force for five Frifor.-r^ -om- years') after recitinji, that perfons are often committed on m'tf^d lorcon- ■' ' r r 7.1 tcmiit 01 awards, attacnments, tor non-payment or money awarded to be and thpfpiritua* paid under fubmiflions to arbitration by rules of court, or court, &c. arbitration bonds ; and which fubmilFions hnve been made rules of court accordingly ; and likcwife for not paying co{ls duly taxed and allowed, af;cr proper dcmar.ds made; • • • ■ and 44^ (!5aDi ano gaoler. and alfo upon writs of excommunicato capiendo., or other pro- cefs for, or grounded on the non-payment of cofts or ex- pences in the ecclcfiaft^cal courts : It is enabled, that all fuch perfons are and (hall be entitled to the benefit of this act, and fubje^t to the fame terms and conditions as are herein exprefled and declared with refpe£l to prifoners for debt only. f. 3. CaoTersto give And a!I gaolers are required to give notice of this a^, notice of this to all prifoncrs for debt in their cuftody, within three days *^' of their commitment, or being charged in execution ; fo as to make the fame clearly and perfectly underftood ; on the penalty of 50 1, to be recovered in the courts at TVeJi" minjler. id. f. 4. Further time And debtors v/ho have negle£led to take the benefit of allowed to take ^^ aforefaid a6l within the time therein limited, and Ihall Che benefit or , • i • -r i n ii i • jaG, 2, c. 20. have remained in prifon one year, and Ihall make it appear to the court out of which execution ifi'ued, that fuch ne- gle61: arofe through ignorance, or miftalce j fuch debtor fnall then be entitled to take the benefit of the faid a(5t, as if he had taken the fame v/ithin the time by the faid aiSl li- mited, id. f. 5. Creditors at whofe fuit debtors (hall be under execution, may file iaterrogatories for the examination of fuch pri- foners before their being admitted to take the benefit of this, or the faid former a6l. id. f, 6. How compeiia- g. By the faid acl of 32 G. 2. c 28. If any prifoner bie todehver ^^j^^ £i.^^jl j^^ charged in execution, for any debt or damages not exceeding lool befides cofts of fuit, (hall not within three months next after his commitment make fatis- fa6tion to his creditors who charged him In execution; any fuch creditor or creditors may require him, on giving 20 days notice to him in writing that they defign to com- pel him to give in to the court from which the procefs iflued, or into the court in the prifon whereof he fnall be removed by habeas corpus, or fhall remain or be charged in execution, within the firft feven days of the term next after the expiration of the faid 20 days, in refpe6l to any prifoner charged in any prifon belonging to the courts at Weftminfter ; and at the fecond court which (hall be held by any fuch other court of record after the expiration of thq faid 20 days, in refpedto any prifoner charged in any prifon belonging to fuch other court ; and where fuch pri- foner (hall be charged in execution in any county gaol or other prifon above 20 miles diitant from Weftminlter hall or from the court out of which the procefs ifiued, then to give in upon oath at the afiizes or great feffions refpec- tively, and on the crown fide thereof, which fhall be held o for (Baol aiiD gaoler. 449 For fuch place next after the expiration of fuch 20 days from the time of giving notice as aforefaid, a true ac- count in writing, to be figned by him, of all his real and perfonal eflate, and of all incumbrances affecting the fame, to the beft of his knowledge and belief, in order that the eftate and effects of fuch prifoner may be de- veiled out of him, and ordered by the court to be aflign- ed and conveyed for the benefit of fuch his creditors. And every fuch creditor, requiring fuch prifoner to be brought up as aforefaid, ihali alfo give 20 days like no- tice in writing of his intention to require fuch prifoner to be brought up, to every other creditor at whofe fuit fuch prifoner (hall be detained or charged in cuflody in fuch gaol, if they can be found ; and if not, then to the fe- veral attornies lafl employed : and fhall alfo give a like notice in writing to the flier iff or gaoler of fuch his in- tention to have fuch prifoner brought up, and to require fuch flieriff or gaoler to bring him up accordingly, 20 days at leaft before the time appointed for him to be brought up. And thereupon fuch iheriff or gaoler fhall, at the cofts of iuch creditor, caufe fuch prifoner to be brought to fuch court as bv the notice is required, toge- ther with a copy of the caufe or caufes of his detainer: and if fuch (lieriffor gaoler, on fuch notice given to him as aforefaid, and tender made to him by fuch creditor of reafonable charges not exceeding 1 s a mile, fliall neglect or refule to bring him up as aforefaid j he fhall forfeit 20 1 to the party grieved, with treble cofts. And the prifoner fo brought up, fhall, on proof of fuch notices being given as aforefaid, deliver in there in open court, upon oath, a full true and juft account, difclofure, and difcovery in writing, of the whole of his real and perfonal eftate, and of all books, papers, v/ritmgs, and fecurities relating thereto, and alfo of all incumbrances then affedt- ing the fame, and the refpedlive times when made, to the belt of his knowledge and belief (except the neceflary wearing apparel and bedding of him and his family, and the neceffary tools or inftruments of his trade or calling, not exceeding the value of 10 1 in the whole): which account fhall be fubfcribed by him. And on delivering in of fuch account, the eftate and effedls of fuch prifoner fhall be affigned and conveyed by him, by a fliort indorfe- nient on the back of the faid account, to fuch perfons as the court fhall dired, in truft and for the benefit of the creditors who fhall have required fuch prifoner to be brought up, and of fuch other creditois (if any there be) at whc-e luit fuch prifoner fliall be charged in cuftody or Vol. 11. F f in 450 <5<\ol aas caour ^ignees may Dpound, in execution in any fuch gaol, and who fiiall, by ?.ny memorandum or writing iigned by tliem before fuch af- fignment made, confcnt to (ucii prifoner's being difcharg- ed, and to accept a proportionable dividend of fuch pri- foner's effects ; and if there be no other fuch creditor, or being fuch, if fuch creditor fhail not agree in writing to difcharge fuch prifoner and to accept fuch dividend, then in trutt for tl"ie creditors only vvho fhall require fuch pri- foner to be brought up. And by fuch aHfignment and conveyance, all the prifoner's eftate and effects fhall be vefled in the creditors to uhom the fame fliali be a/Tigned in truil as aforefaid. And upon fuch difcovery, alTignment, and conveyance being made, the court fhall difcharge the prifoner in the aftions and charges of every fuch creditor, who required the prifoner to be brought up, or who fign- ed fuch confent as aforefaid; on paying 2S 6d difcharge fee, and no more, to the officers of the court. And no {lamp ihallbe necefl'ary on fuch afTignment or on anv rule or order for fuch difcharge. — But all the future efrefls of fuch prifoner ^^except the neceiTary wearing apparel of him and his family, and the neceifary tools or inftruments of his trade or calling) fhall be liable to fatisfy his debts, if the fame fhall not be fully paid from his eftate fo affigned as aforefaid; and no advantage in any fuit fhall be taken fcy him, for that the caufe of adlion did not accrue within fix years next before the commencement of fuch fuit, un- lefs he was intitled to take fuch advantage before he flood charged in cuflcdy by virtue of the original fuit or action. — And if he fnall negiecf or refufe to deliver in and fub- Jcribe fuch account as aforefaid, within the time herein before appointed, or within 60 days then next following, ■without making appear fome iuft excufe to be allowed of by the court ; or fhall refufe to afiign or convey his eftr.te and effects, according to the order of fuch court ; he fliail, on con virion upon indictmej-.t, be tranfported for 7 years : And if he fhall deliver in a falfe account; or defignedly conceal and r^ot infert in the account any books, papers, fecurities, or writings relating to his eftate and effecl?, with intent to defraud his creditors, and fh Jl he thereof convided on indictment, he fhall fuffer as for wiiful per- jury. /. 16, 17. 9. By the faid acl of 32 G. 2. c. 28. The affignees may corapcand with any debtors or accountants to fuch prifoner, and take fuch reafonable part of any debt due, as can upon fucii compofition be gotten; and alfo may fubmit matters to arbitration, relating to the prifoner's 2 ei'ate 451 Citate and efFei^s, which fhall be binding to ail the par- ties, f. 21. And where mutual credit hath been given between tlie prifoncr and any other, before the delivery of the fchedule j the affignees may ftate and allow the account between them, and receive the balance. /. 23. 10. And itfliall be lawful for the refpeflive courts at MlfbeKavlour In Weftminller from whence the procefs iflued ; or where "^'^^"^'^'snees. the prifoner fliall have been charged in execution by pro- cefs illbed out of any other court, ic fliall be lawful for the judges of the courts of king's bench, common pleas, and exchequer, or any of them, from time to time, on the petition of any creditor who had charged fuch prKoner in execution, or of fuch prifoncr, complaining of any infuf- ficiency, fraud, mifmanagement, or other milbehaviour , of any aiTignee, to order the pardes to attend thereon ; and upon hearing, they fnall make fuch order, either for the removal of fuch affignee and appointing a new one, or for the juft management of the efFe6ls, as to them fliall feeni meet. f. 22. 11. If the efFeils afilgned {hall not fatisfy the whole Gaoler to have debt, and the gaoler's fees: the gaoler {hail receive "^''> '^'" ^'^'• only a proportionable dividend with the other creditors. /• ^9- 12. A prifoner difcharged fnall never after be arretted ''Z'''"''"^,''^'^''^' 1- 11 ri- c \ r • t 1 ^ • n. J , charged ftial] not or liable to action lor the lame aeot, unlets convicted or be a^ain aireft- perjury. f. 20. ed. >. i ?. But ncverthelefs, the judgment againfl him ihall '''"'^ ^^* ^'^e^s .• • r J .• .u 1 1 J . Ihall ba liable;. continue in force, and execution thereon may be had at any time againfl his lands and goods, other than his ne- ceffary wearing apparel and bedding for himfelf and fa- mily, and the' necellary tools of his trade or occupation not exceeding lol value in the whole, f. 20. 14.. If any perfon who fhall take any oath as by this act Ferf.-ns guHty required to be taicen, fhal! upon any indi6tment for per- ""^ ^"^'^•^"'^^'* jury be convicted by-confefiion or verdi£t ; he fhall fufler as for wilful perjury, and fhall alfo be liable to be taken on any procefs de novo, and fhall never after have the benefit of this a6t. y; 18. 15. No perfon who fliall have taken the benefit of any pprfons notrc- aift for the relief of infolvent debtors, fliall have anv be- licvjbie luvirg ncfit under this act; nor fhall be deemed within the 'f T""^.'''-"'-'- ' . . fitof any foimcr meaning of it, fo as to gam any difcharge, unlefs com- ait. peiled by any creditor to deliver up his eftate aiufcfledts. / 24. J 6. And by 26 G. 3. c. 38. No debtor, who fliall be D,btors Invui- committed toprifon upon procefs in any courts for the re- (oncd by courts F f 2 covery "*' ""^^i^""- 45 2 dSaol anUsaolcr. covery of fmall debts authorifed by particular acls of par- liament, where the debt does not exceed 20s, fliall be kept in cutiody, on any pretence whatfoever, more than 2.0 days from the time of his commitment ; and where the original debt does not exceed 40 s, more than 40 days: And all gaolers and keepers of prifons are required to dis- charge fiich perfoiis accordingly, f. I. Atid no fuch gaoler or keeper fhall take or demand any gaol fees, or difcharge fees, or other reward or gratuity whatfoever, on pain of forfeiting 5 1 for every fuch offence, f. 3. Provided that where debtors are found guilty of fraudu- lently concealing their effects, the commiflioners may en- large the aforefaid times of imprifonment, for debts under 20s, to anytime not exceeding 30 days, and under 40s, not exceeding 60 days, to be fpecified in the commit- ment, f. 2. And two juftices may hear and determine anv offences againft this act; and on information made v/ithin t\v» months after the offence ihall be committed, may fummoa the party accufed, and witnefs on either fide, and upon confeffion, or the oath of one witnefs, may levy the faid penalty of 5I, by dilirefs, to be applied half to the in- former, and half to the poor of the parifh where the of- fence is committed (the necefl'arv charges being firff de- ducfled): and if fufficient diftrefs cannot be found, [may commit the offender to prifon for two months, unlcfs the penalty be fooner paid, y^ 4, 5, 6. XII. Concernbig the prijcns of the king's bench and marfhall'ca. The juftices in Eaftcr feffions fliall fet down v.hat fums fhall be fent out of every county or place corporate, for the relief of the poor prifoncrs of the kingi bench and marjlyalfea., fo as there be fent out of every county yearly 20 s at the leafl to each of the faid prifons ; to be paid by the high conftables out of the general county rate, to two fuch ireafurers or one of them, as by the more part of the juflices of the county fhall be eleited to be rreafurers : which tre.^f^rers, on the firtt day of Trinity term yearlv, fhail pay over the fame to the lord chief juftice of England^ and knight marflul, or to whom they fhaH appoint, taking their acquittance for the fame, or in default of the chief juftice, to the next moft antient juftice of the ^/;r^'f bench, equally to be divided Jsetween the prifoncrs of the kind's bench (Paoal anu gaoler. • 453 bench and mar/halj^a \>x\^ox)S. 43 El. c. 1. f. 12, 13, 14. 1 1 G. 2. f . 20. /. 1 . 1 2 G. 2. <•• 29. And if the treafurer fhall negledl or refufe, the king's bench may make a rule on him, requiring him to pay the fame j and obedience to fuch rule may be inforced as other rules of the faid court, at the cofts and charges of the trea- furer. I I G'. 2. c. 20. f. 2. 4. And that the treafurer may be the better amenable to the faid court, he (hall within 30 days after his election or appointment, under the like penalty, tranfmit his name and place of abode to the clerk of the crown in the king's bench, to be entred by him ; for which entry no fee ftiall be paid. f. 3. Gauger. See CrClfC. Gin. See CCCiCC (Ii5iaf0* BY the 13 G. 3. c. 38, for theeftablidiing a corporation for carrying on a glals manufactory, for the cafting of large plate glafs (which a£l hath continuance for 21 years) many of the penalties and forfeitures are recover- able before one juftice of the place where fuch manufac- ture fliail be carried on : Which not being genera], it is thought fufficicnt in this place to refer thofe whom it may concern to the act itfelf. For the Duties on Glais. See Ci'ClTC. Y 25 G. 3. c. 55. all perfons uttering or vending Licence, any gloves or mittens, made of filk, or leather, or any other materials, fl;»all take out a licence from the ftamp officers, for which (hall be paid i s, and the fame fhall be renewed annually, ten days at leaft before the end of the year. / ij 2j 4. F f 3 And 454- 6lO\5tS. And if any perfon required to take out Tuch licence, flaall IcU any gloves or mittens without the fame, he fliall forfeit 20 1. /• 3- Certain worJs And every perfon vending or expofing to fale gloves or tobepatup. mittens by retail, iliall caufe the words Dealer in Gloves to be written in legible characters, either over his door, or on fomc vifible place in the front of his houfe, iliop, or warehoufe. And if any perfon {liall fell any gloves or mittens by retail, v/ithout fixing fucK notice, he fhall for- feit 5I for each pair. f. 5. And If any unlicenfed perfon fliall put ud thofe words he fliall forfeit 40!. /. 6. Who ill .ill h3 And every perfon who fliall fell any lefs quantity than deemed retail- J2 dozenpair of giovcs or mittens at e-r.e time, to anv one perfon fhiccs I^ the feizure fhall be out of the limits of the bi'ls of may detrmine mortality, and not exceeding the value ofiol, two juf- offenccs out of. . Jj.. • «^u/-j r jr- c the bills. ticcs may hear and determme the laid caule and leizure or ' the faid goods. J. 2. Giovrscon- After condemnation, the fanne to he pub! ickly fold to demned to be the befl advantage, by the candle, for exportation ; and exported. ^qj jf, \.q (iejivered out, till fecurity be given that the fame fhall be exported, and not landed in any part of his ma- jefty's dominions. / 3- Apviication of Half the produce arifing from the fale, to go to the the forfeiture, king; and half to the officer who (hall feize and fecure the fame. id. Proof to lie on And if any doubt fhall arife where the fame were manu- the offender. fa6lured, the proof fhall lie on the perfon in whofe pofl'ef- fion they fhall be found, and not on the profecutor ; and if no proof be given that they were manufactured in Great Britain.^ they fhall without any further proceeding be taken to have been manufactured out of Great Britain, f. 4.. Provided, that if any perfon, in whofe poileirion fuch goods fhall be found (fuch perfon not importing or con- cealing the fame) fhall difcover upon oath, before one juflice, the perfon who fold the fame to him, fo as the vender may be convicted, he fhall be indemnified. J. 5. The faid forfeiture to be fued for in the courts at ^^ycJi- minjier \ and to be diftributed haU to the king, and half to the officer who fhall inform and fue. J. 6. But if the officers of the cuftoms or cxcife fhall neglect: or refufe, for one kalendar month after condemnation, to profecute for the pecuniary penalty; anv other perfon may fue for the fame, to be diflrributed as aforefaid. f. 7. Provided, that nothing herein (hall extend to fubject any wearer of fuch gloves or mitts, as part of his drefs only, to any forfeiture or pecuniary penalty, j. 8. Good behaviour. See ^tltCtP. Grand larceny. See latCClip. Greyhound. See <2^nn]C. C^lllt- 457 (SunyotoSer. J. T^ Y an atSl made in the i6 C. i. c. 21. (to wit, in Whomaymakc XJ 1640, being the laftftatute of force in that king's S""?"^*^"' reign) All fubje(9:s may make and fell gunpowder, and bring into the kingdom fait- petre, brimfione, or any other material for the making of it. And by a ftatute made in the firft year of the reign of king 'James the fecond ('which is alfo fomewhat remark- able), it is enadted, that if any perfon fhall obtain a grant for the fole making or importing of gunpowder, he Ihall incur a praemunire, i "J. 2. c. 8. /. 3. 2. It feemeth, that ereding powder mills, or keeping Eredlng powder powder magazines, near a town, is a nufance by the com- •^'Hi-neHi a 1 c 1 • u • j-rx ^ ■ c .■ -11 town, s nufance. mon law : for which an mdictment or information •wiii lie. For in the cafe of K. and iViUiinns^ E. 11 IV. there was an indiclment againft Roger Williams., for keeping 400 barrels of powder near the town of Bradford., and he was convicted accordingly. And in K. and Tajlor., T. 15 G. 1. the court gr-jnted an information againft the de- fendant as-for a nufance, on affidavits of his keeping great quantities of gunpowder y\td.x Mcddon in Surrey, to the in- ddiiserin": the church and houfes where he lived. Sir. 1169. (Or rather, it fliould have been exprefTed, to the indangering the lives of his majefty's fubjeds.) 3. Jiy the 12 G. 3. c. 61. (which reduces into one, In what places and repeals, all former atfts relating to the making, keep- g"np"wder m»y ing, and carrying of gunpowder) No petfon fliall ufe any mill or other engine for making of gunpowder, in any place except in m.ills and other places where the manufac- ture of gunpowder fhali be adfually carrying on at the time of the commencement of this act, or where it fhall afterwards become lawful to carry on fuch manufacture by licence for that purpofe as herein after direded j on pain of forfeiting all gunpowder manufactured otherwife j and 2S for each pound, f. i. 4. No perfon fhall, for the making of gunpowder, ufe No p:rtle mill any mill or engine worked with a peftle, commonly called ^'^)^-^^'^, "''"'^ "^ a Pejile 7ni/l; on pain of forfeiting all gunpowder manufac- tured therein, and 2 s for each pdund. f. 2. 5. No perfon fhall, in any mill or engine, make at any what quantity one time, under any fingle pair of mill ilones, any quan- 'h-'" ^'^ maucat tity of gunpowder, or materials to be made into gun- °"^ "^""'^* powder, exceeding 40 lb ; on pain of forfeiting all above 40 lb, and alfo 2S for each pound. /. 3. 3 6. Pro- 438 jixcep-.ion of 6. Provided, that nothing in this a£l fhall extend to the Uittle powder, powder mills now erected in the pariflies of Battle^ Crow- hurfi, Scddclcomb^ and Srede, in the county of Sufjcx^ io tar as relates to the making fuch fine fowling gunpov/der only, as is known by the n&m^ oi Battle powder, f. 5, What quantity J- No perfon fliall dry at any one time, in any one lliail be dried ftove Of placc ufed for the drying of gunpowder, any a: one time. quantity exceeding 40 hundred weight; on pain of for- feiting all above the faid weight, and 2 s for each pound. What quantity 8. No perfon fhall keep in any corning houfe, drying fh:ii be kept in i^qu(% duftins: houfe, or other place ufed in making of or near the place ' ^ . ' ,.,,.',... i , . ofmakins. gunpowder, or m any building adjoining or belonging thereto (except magazines or florehuufes conflru«5led with flune or brick, and lituate 50 yards at leall: from the gun- powder mill) any greater quantity of gunpowder, than fliall be neceffary for the immediate work then carrying on in fuch houfe or other place; on pain of forfeiting all the gunpowder above lacn neceilary quantity, and 2 s for each pound. /. j. M:«gazmes to be g_ Every perfou and perfons, ufing any mill or other kept remote ^ ^ ^^^ makincr of gunpowder, fhall, befides rhs ironi the mil.'. t> . ^. ^ '^ ■ ■ -n magazines and frorehouus near their mills, have a good and fufficient magazine remote from tneir refpective mills, for the purpofe of receiving and Uic kgtping all the gun- powder made at fuch mills, as f:>on as the fame can 'rem time to time be conveniently removed thereto (which iaft- mentioned magazine fhall be built with brick or flone near the river Tlsames and below Blachvall^ or in fome otiier convenient place to be licenfed by the juftices as herein after mentioned) ; on pain that every perfon making gun- powder, without having fuch magazine remote from the iniil or other place of making, fhall iorfeit 25 I for every month during which he fliall make guiipowder without having fuch magazine, and <; 1 for every day during which he /not being hindred bv itrefs of weather or other juft impediment) ihall wilfully neglect or delay removing, with due diligence, the gunpowcer made at fuch mill, from thence, or from the magazine or ftorehoule adjoining thereto, to the macazine fo to be fituate lemote from the mill. / 8. Chircoal not to jq. Every maker of gunpowder, who fliall keep any ^^|^"f^"'^"^ charcoal within 20 ) ards of any mill or other engine for making gunpowder^ or of any drying, corning, or dur- ing houf;:, or magazine or florehoufe thereto belonging, fhall forfeit 5 1 for every weel^ during which fuel) char- coal (hall be (o kept. _,/. 10. II. No e faid pieces of groundj with the ufe of fuch convenient lei (SunpoloBer. 461 convenient roads thereto. And the juftices may fend for ariv perfons interefted, and examine any parties or wit- nedcs upon oath. And the verdict of the jury (hall be kept iirnongll the records of ihe Cefilons. And the jiidmnent of the (aid jiiftices thercnn fliall be final. And the (um of money io t" be adjudged, not exceeding 30 years purchafe, Ihall be paid to the owner of the ground ; and upon fuch payment, or in cafe of refufal to accept the money, then upon leaving the fame with the juftices for the benefit of the owner, tht" inheritance of the ground, and the ufe of the faid roads thereto, fiiall be vePfed in the purchafer, his heirs and affigns, for the purpofe aforefaid, and not otherwife. f. \b. 13. No perfon fliall carry at any one time more than What quantities 2< barrels of ^runpowder in any vi'ai;2;on, cart, or other ''"''''' ^"^ '^^"'■' • u 1 1 u f 1 • u :it one time. carnage by land ; or more than 200 barrels in any barge, boat, or other vcHel by water (except; in vellcls with gunpowder imported from or to be exported to any place beyond the fea, or going coaftwi(e) : And the barrels in which it fiiall be carried fhall be clofe joincci and hooped, without any iron about them, and fo fecured that no parr of the gunpowder be fcattered :n the paffage : And each barrel fliall contain no more than one hundred pounds of gunpowder ; And when conveyed by land, (liaii be in- tirely inclofed in a leathern bag, or a bag commonly called a fait petre bag : And every carriage in which i^unpowder fliall he conveyed by land, fliall have a com- pieat covering of wood, painted cloth, tarpaulin, or wadmill tilts, overall the gunpowder therein contained: And alio no gunpowder ftiall be conveyed in anv barge, hoat, or fnbuft:b!es 14- If aoy perfon, having the care or management of poi o be kept anv barge, boat, or other velTel (except fhips for im- L-a if oar . poj-t^fion, exportation, or going coaftwife, as aforefaid) loaded with gunpowder, or any other perfon on board the fame, fhall bring, have, or ufe any charcoal or other cornbuftible matter, or any fire or lighted candle, or fh?J.l fmoak, or wittingly permit any perfon to fmoak on board the fame ; he fhall forfeit 5 1. f. 20. Canpovvoer in j^^ jf gny rerfon having the care of any wa2;2:on, h- dcla-ed. " cart, or Other carnage, uied for the conveyance or gun- powder by land, fhall, after beginning to load therein any quantity of gunpowder, or beginning to unload the fame thereout, i\oo or ftayatany place of loading, or in the loading or unloading fuffer any longer tim.e to pafs than fhall be -reafonably nccefTary for that purpofe ; or if any perfon iiaving the care of any barge, boar, or other vcfi'el ufed for the conveyance of gunpowder by water (except in the cafe of importati.on, exportation, or carrying coaflwife, as aforefaid) fhail, alter beginning to load or unload any quantity of gunpowder, flop or itay at any wharf, key, or other place of loading, or in the loading or unloading thereof fuller any longer time to pafs than fhall be reafonably necefl'ary for that purpofe, r.ot exceeding sS hours, unlefs hindred by the weatlier ; or if any perfon fhall take in or carry in fuch carriage or veflel anv other lading of any kind j he fhall forfeit icl. Provided, that none of the aforefaid prpvll;ons con- cerning the conveying, loading, or unloading, fhail ex- tend to any other carriage or veflel, than fuch as fhall csrry a quantity of gunpov/der exceeding lOO pounds- weight, f. 21. 16. And (IPimpotoBer. 463 16. And for the more eafy difcovery of offenders, any Power of the juftice, on demand made, and rcafonable caufe affi2;ned ju^'ccs to upon oath, may ifiue his warrant for fearching, in the ^"'^'^^' day time, any houfe, mill, magazine, ftorehoufe, ware- houfe, ihop, cellar, yard, wharf, or other place, or any carriage, fliip, boat, or vefi'cl, in which fuch gunpowder is fufpeftcd to be made, kept, or carried, contrary to this asft : And all gunpowder found on fuch fc-ireh, and alfo the barrels, Ihall be immediately feized by the fearcher, who fliall with all convenient fpeed remove the fame to fuch proper place as he Ihall think fit ; and in cafe of gunpowder feized in any carriage or velTel, may uk for the purpofe cf removal, during the fpace of 24 hours after feizure, fuch carriage or vefi'el, with the tackling, beads, and accoutrements belonging thereto (paying afterwards to the owner a fufficient recorripence for the ufe thereof, to be fettled by the juftices before whom the caufe fhali be heard), and may- detain fuch gunpowder and barrels, till it {hall be adjudged on a bearing before twojufticcs whether the fame fhall be forfeited, f. 23. 17. For fecurity of (hips in the river Thames, no Regulations on mailer of any veflcl outward bound fl13.ll receive on tiie river board more than 25 lb of gunpowder (except for the ^"^"^*^^* king's lervice) before the arrival of fuch vefTel at or below Blackv/all ; and the mafter of every vefiel coming into the river Thames Ihall (except in cafe of the king's I'ervice) put on fliore in proper places all the gunpowder on board above 25 pounds, either before the arrival of fuch veifel ' at Blackwall, or within 24 hours (if the weather will permit), and fhall not afterwards have oa board more than 25 pounds (except for the king's fer- vice) ; on pain of forfeiting all. the gunpowder found on board above 25 pounds, and the barrels containing the fame, and alfo 2 s for every pound above the quantity of 25 pounds, f. 24. And the maftcr, wardens, and afTiftants of the corpora- tion of Trinity houfe of Deptford Strond fliall appoint fearchers, who may, between fun rifmg and fun-fetting, e:i:er any (hip or vefTel (except his majefty's ftiips) in the Thames above Blackwall, and fearch for unlawful quan- titieft of gunpov^der ; and fhall have the fame powers of , feizing, removing to proper places, and detaining all fuch gunpowder and barrels, as are herein before given toper- fons fearching by a juftice's warrant. /'. 25. 18. All penalties on this ail ihall be recovered ^^^^'^'^''c Penalties how two juiiiccs, on convi6tion of the ofFender by confeilion to be recovered. or 464 ^UlipoUl^i or oath of one witnef'?, and be diftributeJ half to trie kinij; and half to the irrormer ; and where the penalty is pecuniary, it ihdl! be levied by diftrefs, and for want of fufficicnt diitrefsj the offender fhall be committed to the houfe of coneJtion, to be kept to hard labour, not ex- ceeding 6 months, nor lefs than three. / 26. Profecution to be commenced within 14 days after felzure of the gunpowder, or commiffion of the offence where there (hall not be any felzure. f. 27. Gfneialex- ig. Provided, that this ^t\ (hall not extend to any ceptjon. mills or other buildings eredied for making gunpowder in any lands belonging to his majefly ; or to the keep- jno- of gunpowder at any of his majeliy's ftorehoufes or ma<^azines; or to hinder the trial of gunpowder by his majefty's ofHcers ; or to the keeping of gunpowder at the mao-azines now eredled at Barking Creekfrnonth in the county of EJfcx^ Eyrtb Level in the county of Kent^ or the magazines near Liverpoole, or the city of Brijhl\ or to the carriage of gunpowder to or from the king's magazines, under a fpecial order from the board of ordnance ; or to the carriage of gunpowder with forces on iheir march, or with the milij.ia during their annual excrcife, or which fhail be fent for the ufe of fuch forces or militia, j. 29. Alfo, this act (hall not extend to hinder any perfon from carrying an unlimited quantity of gunpowder, in fuch clofe decked veffels and in fuch manner as is herein before directed, from any veffels lying below Blackwall, or from fuch magazines lying below Blackwall and going to any place beyond fea or coaftwife. j. 30. Guns. See ©aUlC Habeas Corpus. See 25dlU I^acftnep coactjes auD c!)air0. Commimoncrs. I. '^ HE 'king may appoint perfons not exceeding J- ^^'^» ^° ^^ commiffioners for regulating hack- ney coaches within the bills of mortality. 9 An, c. 23. /. I. 2. Which 2. Which commiifioners fliall under hand and feal !i- Licenfmg. cenfe hackney coaches within the cities of London and TVeJinunJhr and fuburbs thereof, and other places withia the bills of mortality, not exceeding looo; and on every licence fhall be referved 5 s a week, [and by 24 G. 3. fejf. 2. c. 27./. r. an additional duty of 5 s. a week] to be paid monthly. <^ An. c. 7.7^. J. 1. \\ G.^' c. 24. And they {hall alfo licenfe hackney chairs within the faid liberties, not exceeding 400 ; referving a rent of 10 s a year, to be paid quarterly. 9 An. c. 23. /■ ^- 10 An. C. 19./ 158. !2 G. C. 12./ 15. 3. Every coach and chair fliaU have a difl:in£l mark on Mark, each fide ; and if any (hall alter fuch mark, he (hall for- feit 5 1, half to the informer, and half to the king. 9 Ak. c. 23. /. 4. 4. No horfe to be ufed with any hackney coach, fhall ^'zeof the II ,11-1 -f ^ r ^ holies. be under 14 hand? high. 9 An. c. 23. /. 4. 5. No perfon fliall drive or let to hire any hackney Penalty of driv- coach without licence ; on pain of 5 1 : nor fhal! carry any '"S without ii- peifon for hire in a hackney chair,, without licence; oa pain of 40 s in like manner. 9 An. c- 23. f. 4. And by the 1 G. f. 2. c 57. No unlicenfed perfon fhall ply with any coach or hcarfe, or fliall let to hire any mourning coach, within the liberties aforefaid, on pain of 5 1 as for driving unlictnfed. f. 3. And if any perfon fball drive a mourning coach or Mourning hearfe to a funeral, within the cities of Londun or IVcft- "aches, &c. to min/ier or the fuburbs thereof, or elfewhere within ttie bills of mortality, or within 5 miJes of Temple-bar^ without having a number fixed on the fore flandard, {hewing it to be licenfed, he fhall forfeit 5I. And on information given to the commiffioners, they may fummon the driver thereof, and altho' no exprefs hiring fliall be proved, it fball be adjudged a driving for hire. 24 G. 3. jcjf. 2. c. 27. /. 7. And no perfon fliall drive any cart, car, dray, or other Cavt?, Src. fuch like carriage, within the limits aforefaid, or vvithin ^-'^'"''"^ ^'^^^' the borough of Southwark., except the owner thereof fliall have entred his name, and place of abode with the faid commillioners ; and alfo caufe his name, and the number of fuch carriage, to be put upon fome confpicuous part thereof: Every driver fo offending fhall be liable to all the penalties and forfeitures created by any law now being relating to fuch like carriages. Id. f. 8. 6. Every licenfed coachman, plying for hire, within l-i|n'titi"r: of (he cities of London and JVeJhnlnfhr or the fuburbs thereof, Vol. II. G £ or Drivers to have check ilrJDg;. 4^6 ^^atliutp Wiicl)cs auD cijarts. or clfewhere within the bills of mortality, lliall be obliged and compellable, on every day of the week, at feai'onable tiaies, to JO any where within the diftance of ten miles from either of the fald ciiics. y G. 3. c. 44. J. 12. 12 G, 3. c. 49./ I. But no perlon, who raall regularly ufe fuch hackney coach as z Jiagc coach to and from any of the towns or places in the neighbourhood of London or IVefmi'tjier^ fhall be obliged to carry any fare out of the ordinary courfe of bis ftage work or duty j provided that he do by painting, in legible charadlers, on the door of fuch coach or on a board to be aiExed on fuch door, plainly denote and diftinguiih the fame to be a ilage coach to and from, any fuch town or place. 126^. 3. c. 49. f. 2. y. And'ihe ccmmiffioners fliall order the fevcral per- fons who takeout licences for hackney coaches, that they provide cheque ftrings or wire, to be jjlaced in fuch con- venient part of every fuch coach as to the faid commilTio- ners fhall feem meet : and every hackney coachman plying for hire without fuch cheque firing or wire fhall forfeit 5 s, to be recovered as other penalties by any law relating to hackney coaches. 11 Cj. 3. <:. 28. And by 26 G. 3. c. 72. every licenfed coachman, maydemar.d and take the following fares; namely, For every d'ljlance not exceeding one mile and a quarter, iid ; not exceeding two miles is. 6 d, not exceeding two miles and a half 2 s ; and fo increafmg 6 d for every half mile fuch coach (hall go further. And as to the thne^ if not exceeding three quarters of an hour IS; if not exceeding one hour is 6 d j if not exceeding one hour and twenty minutes 2 s ; ::nd for every tw;;nty minutes after, 6 d. For a day of 12 hours 14s 6d; any time above 12 hours, fliall be paid for according to the rate aforefaid. f. i. And if any perfon fhall exact or take more than the rates aforefaid, he {hall be fubiect to the like penalties and punifliments, and to be levied in the like manner and form as by any law nov/ in being relpecting hackney coaches. And the faid fares may be recovered, in like manner as the fares for hackney coaches are by any a'*'*^'' all perfons licenfed, and the renters of fuch licenfes and the drivers. 9 y/«. c. 23./, 16. I G. Ji. 1, c. 57. /. I. The fame to be approved by the lord chancellor, com- miflioners of the great feal, two chief juftices, and chief baron, or three of them, g An. c. 23. f. 1 7, 10. And if any hackney coachman fliall refufe to go Driver exafllng at, or exail more for his hire, than according (q the 1?°''''^'^'*" '^"^ fare Si above a£l, or by-laws ; he (hall forfeit a fum not exceed- ing 3 1, nor under 10 s. i G. Ji. 1. c. 57. f. 2. 1 1. And if any perfon who Ihall drive a coach, or carry Miftebaving, a chair for hire, zdt'w.g under a perfon licenfed, {hall be guilty of mifbehaviour, by demanding more than his iare, or giving abufivc language, or other rude behaviour ; he ftiall, on convidtion on oath, forfeit not exceeding 20 s, to the poor; and if he fhall not be able, or refufe to pay, he fliall be committed to Bridnvell or fome other houfe of corre6tion, to be kept to hard labour for feven days, and receive the publick correction of the houfe before he be difcharged. 9 An. c. 23. f. 44. And on mifbehaviour of a coachman or chairman by abufive language, or otherwife, the commifiioners may revoke his licence, or infliil on him a penalty, not ex- ceeding 3 1, to the poor; and on non-payment, he fliall be committed to Bridewell or fome other houfe of correc- tion, to be kept to hard labour for 30 days. 9 An. c. 23. /49- 7 ^' 3- f. 44-/ »6. And in every cafe where any perfon for any ofFence mentioned in any law relating to the licenfnig and regu- lating of hackney coaches and chairs, fliall be liable to be committed to prifon ; it fhall be lawful for the commif- fioners, or any three or mor^ of them, either to commit fuch offender to prifon as by any former a£t, and for any time not exceeding one month, or to commit fuch of- fender to Bridewell or other houfe of corredion, there to be kept to hard labour for any time not exceeding one month, and alfo to receive the correction of the houfe. 7 ^' 3-/- 44-/ 15- And in all cafes where they may commit offenders to Bridewell or other houfe of corredtion as aforcfaid, they may commit them immediately upon fuch offeiuiers being convi(^ed before them. 10 6'. 3. c. 44-/ 5. G g 2 J 2- An be Warrant of three commiflioners ; which diftrefs ihall be levied by di'f- fold in ten days, returning the overplus, charges of the ^'^^^' diftrefs and of the warrant being firft deducted (if on feven days notice they' pay not the fine without fuch warrant) ; and in default of diftrefs, to be imprifoned tin paid; and if any rent (hall be unpaid for 14 days, the commilTionersmay withdraw the licence. 9 An. c. 23. /. 12. And moreover, the breach of the by-laws, and of thefe rules and orders, may be punifhed by anv juftice of the peace, mayor, bailift*, or other magiftrate, where the cffence'fhall be committed, in like manner as by the com- miflioners. <) Jn. c. 23./. 17. I G.Ji.2. c. 57^7" 7. 4 G, 3, c. 36. 7 G. 3. c. 44. / 19. 10 G. 3. c. 44. And every licenfed perfon who fhall ncglecl or refufe (being duly lummoned for that purpofe) to appear by him- ielf or his renter, ftiall forfeit los, to be recovered as the otiier penalties 3 and if fuch licenfed perfon (hall neglect or refufe to appear, together with his renter, upon the third fummons, the complaint may be heard and dtter- mined in his abfence. ic 6'. 3. c. 44. J. 6. And if any owner of a licenfed hackney coach, (hall refufe or r'Cgledl to appear with his driver before the com- miflioners, upon the third fummons left at his ufiial place of abode, the faid commiflioners mav revoke fuch licence, and licenfe another perfon in his room. 24 G. 3. Jeff'. 2. And all penalties levied by any jufticc, mayor, bailift, or other magifirate, fnall by them be tranfmitted to the receiver general* of the duties on hackney coaches and chairs, and they (hall aifo tranfmit a certificate thereof to 4 the i^acfttitp cogcljes am cljairg. 469 the commiffioncrs, within ten days a/ter levying fnch penalty; on pain of lo. 1, half to the king, and half to him that fl^all fue. / 8. Note ; the claufe in the a^ of the 12 G f. 12, above- mentioned, was only to continue for 18 years ; but by the 16 G.2. r, 26. it was continued to 'June 2^, 17605 ^c, and by the 33 G. 2. c. 25, is further continued during fuch time as any former a£l relating to the licenfingi; of hackney coaches or chairs, or any part thereof, (hrjl be in force. Which acls, as to the time of their contiiiU3nce, feem to ftand thus : The 9 An. c. 2^, fo far as it relates to this fuhjecl:, was made to continue for 32 years; and the 10 An. c, ig, fo far as it relates to this fubjcut, was made to continue for 31 years ; the i G. Ji. 2. c. yj, which ex- plains and ameiuls the 9 An. c. 23, doth confequently at- tend the fate of the fame act of the 9 An. Now the 3 C. c. 'j.f. I, made the faid duties perpetual (fubjeil to re- demption by parliament), and perpetuates in like manner all the claufes in the faid afls for the recovery of the faid cuties. The 16 G. 2. c. 26, (by miftake, as it feemeth) recites the faid zSis as temporary only, and continues them along with the faid act of the 12 G. to June 2^, 1760, ^c. And the 33 G. 2. c. 25, reciting the duties as per- petual (fubjeifl: to redemption by parliameivt as aforefaid) feemeth to fupppfe, that neverthelefs the claufes in the faid adts for the recovery of the faid duties are only tem- porary and near expiring j and therefore enadteth, that the feveral claufes in the faid acts relating to the power of the commiffioners and juilices for the recovery of the laid duties, (hall be in force during ftich time, as any other part of the faid acts relating to the licenfing of hackney coache|or chairs {hall be in force (that is, as it feemetbj until the faid duties iihall be redeemed by parliament). Harbour filling up. See l\(tJCl'0 nilt! ii^QtJl^a* Hares. See 0anie. Harepipes. See (Jpame. zz ^-^ 470 Licence forK- lO Y 24 G. 3. c. 51. T^/TT 2. all retailers of hats corn- tailing hats. I 3 monly called y>/f or wool,y?i/_^or i't-aiy^r hats, or any leather, or japanned hats, fhall take out a licence from the Hamp officers, for which fhall be paid, within the bills 40s, elfewhere5S, which licence fnall be renewed an- nually ten days at leaft before the end of the year. f. i, 2i 4. «ri- ivitu Every perfon who (liall fell anv lefs quantity than one Who (hall be J r , , r r> ,1 u deemeJ retail- dozen of hats at One time to any one perion, mall be CIS- deemed a retailer, f. 7. And if any retailer {hall fell any fuch hats without a li- cence he fhall forfeit 50 1. f. 3. And every licenfed retailer fhall caufe the words Dealer Certsin words .,,■,, ,, -ir^ to bs put up. '" "^^^ h retail to be put up over the door, or in the front of his houfe or fhop j on pain that if he fells any hat with- out fixing fuch notice, he fhall forfeit 40 s. /. 5. And if any unlicenfed perfon fliall put up thefe words, he fhall forfeit 50 1. / 6. And for every hat which fhall be fold by fuch licenfed Duty on hats, retailer not exceeding the value of 4 s, fhall be charged a flampdutyof 3d. above 4s and nor exceeding 7 s, a duty of 6d. above 7 s and not exceeding 12 s, a duty of is. All above 12s a duty of 2 s. f. \. And every perfon who fhall fell or expofe to fale any Stamp tickets, j^^^^ \\zh\c to the faid duties, fhall caufe zjlamped paper ticket to be affixed on the infide of the lining of the crown there- of, in fuch manner as the commiifioners fhall dire£l: And whoever fhall fell or expofe to fale or purchafe^ or receive in exchange any hat liable to the duties aforefaid, 'without having fuch ticket affixed thereto, fhall forfeit lol for every hat j but not to extend to one licenfed retailer of hats felling to another licenfed retailer, f. 8, 9, lO. And if any perfon fhall fraudulently tear ofF from any rend'"u/r"'^''" ^^^ ^"y ^'^'^'^ ticket, or afiix in any hat any ticket which tickets. hath been before ufed, or fhall fell or expofe to fale any hat with fuch fraudulent ticket, or buy or fell any ticket in order to be again ufed, he fhall forfeit 20 1 ; and either buyer or feller informing againil the other, fhall be in- * demnified. f. 11, 12, 13. Where any licenfed retailer fhall deliver in a bill or charge for any hat, he fhall make a feparate charge for the duty. / 14. AH i^ats. 471 All penalties above 20 1 fnal! be fued for in the courts ^'"^'''"s'l^'^w at IVefimlnfier ; if of 20I or under, maybe recovered be- '" ^= ^""vcred. fore any neighbouring; juftice, who on' complaint made, may fummon ihe ofiender, and tlfe v/itnefies, and upon conrefTion, or oath of one witnefs, give judgment therein, and levy I'uch penalties by diPcreli;, and if not redeemed within fix days, may caufc the fame to be fold, rendering to the party the overplus, if any : and for want of fufH- cient diftrefs, the offender fhail be committed to prifon for three months, unlcfs fuch penalty be fooner paid. Any A^'peal, perfon who thinks himfelf aggrieved by the judgment of fuch juftice, may, on giving iecurity to the anu*unt of the penalty and cofts in cafe luch judgment be affirmed, appeal to the next felfions, whofe determination therein fhall be final, and they may award cods as to them Ihull feem meet. f. iS, 20. ^Vitnefi'es not .appearing having been duly fummoned WitneHes not without reafonable caufe to be allowed by fuch juftice, '''P'"^^""3' Ihall forfeit 40 s. to be recovered in like nianncr. J. %i. All penalties if fued for within llx months after the of- ApplkatloT of fence is committed, (hall go one half to the king, and the '"'^ peaiincs. other, with full cofts, to the perfon who fhall inform and fue for the fame ; If after fix months the whole fhall go to the king. /! 17, 19. Provided neverthelcfs, that where the juftice fliall fee Mitigation, caufc, he may mitigat.e the penalties, fu as not to reduce the fame lower than one moiety over and above the cofts. f.2U And by 27 G. 3. c. 13. (Schedule.) For every hat made importation and of, or mixed with felt, hair, wool, or beaver, imported, '^•'^P'^itation. ■ {hall be paid a dutv of 2 1. 4 s. o. And. there fhall be allowed on exportation a drawback of i 1. 19 s. o. Any licenfed perfon may export any number of hats, not lefs in quantity than tv/o dozen in one package, without having the ftamp ticket affixed thereto, upon giving no- tice to the neareft diftributor of the ftamps, who fhall grant a certificate thereof. 24 G. 3. c. S"^- ]''!!'• ^- /• ^4- And for the encouragement of the hat manufadtory, it Hire and coney is enacted by the 24 G. 3, c. 21. Jr/f. 2. that no hare (kins, ^'^''^snot to be hare wool, coney wool, or undrelfed coney (kins, fhall be ^ exported, or loadcn upon any horfe, cart or other car- riage, or laid on board any ihip or boat in order to be ex- ported, on the penalty of 500 1, and the fame to be for- feited : and every perfon aiding or afliiiing therein fliall forfeit 40 I. y^ I, 2. And if any perfon fhall dye any fuch fkins, or fhall be Nordyed. aiding and aiiilling therein, he fliall forfeit 20I: and fuch G g 4 fki n 472 l^at?. flcins Aiall be feized, together with the machines and other utenfils and apparatus ufed therein, and the fame fhall be for /'cited. / 3. Coats wool. And for the further encouragement of the hat manufac- tory all goats hair or lurkey goats wool ir.ay be imported duty tree. f. 6. All penalties by this aft impofed are to be recovered in the fame manner as directed by the a£ls for preventing frauds in the revenue of the cuRoms, and fliall be applied half to the king and half to him that fhall fue, which {hall be within the coumy whece the offence was committed. / 4>5- i^aiBliers anD peQIars. Licence duty, j. -'~T^ H E R E fhall be paid by every hawker-, pedlar, A petty chapman, or any other trading pt .Mon, go- ing from town to town, or to other mens hori'cs, and travelling either on foot, or with horfe, horfes, or o;her- wife, within the kingdom of England (except as herein after excepted), carrying to fell, or expofing to fale any goods, wares, or merchandizes, a duty of 4I for each year. And every perfon fo travelling with a horfe, afs, mule, or o:.her beaft bearing or drawing burden, (hall pay 4I for each year he fhall fo travel with, over and above the faid ftrft mentioned duty of 4 1. 9 & 10 IF. c. 1-]. f. I. And by 25 G. 3. c. 78 every fuch perfon, travelling either on foot, or with horfe, horfes, or otherwil'e,- Ihall pay a further additional duty of 4I. for each year. f. i. And for every horfe, afs, or mule, or other beaft bearing or drawing burthen, the additional fum of 81 yearly^ for ea^h beaft he fliall (o travel with, over and ubove the aforefaid duty, and all other duiies. Id. Trading perfons gohjg from toivh to toivn'\ T. '^l G. 2. Rex v. Little. The convidlion, being removed by certio- rari, did fet forth, that one 'Tho'mas Prejion^ gentleman, came before the juflice, and informed hrni, that the de- fendant Thomas Little^ in the parilh of St. Mary, in the city and county of the city of Liuhfieid.^ was iound o.^er- ing to fale filk handkerchiefs, and trading as an hawker, peJlar, or petty chapnjaii j tind that the faid Thomas Liitle did ^muvs am peBiars. 473 clid not, akho' required (o to do, produce any licence as the law in that cafe direfts : That the faid Thomas Little, being brought before the juftice doth confefs, that he the faid Thomas Lhtle did offer to fell fillc handkerchiefs to the faid Thomas Prcjion^ in fuch manner as is mentioned in the aforcfaid information J and that he had no licence for felling thereof; Whereupon the juilice doth adjudge, that the faid Thomas Little is an hawker within the true intent and meaning of the flatute in that cafe made, and is guilty of the offenoe in the faid information laid to his charge. It was moved to quafh this convidion, up- on two exceptions, i. With refpedl to the perfon ; that he is not brought within the defcription of the acts, as go- ing from town to town, and travelling on foot, or with horfe, horfes, or otherwife : but he is only generally de- fcribed to be aperfon that traded as an hawker and ped- lar, and offered to fell a parcel of Hlk handkerchiefs to the informer. 2. With refpeil to the offence j the evi- dence is the defendant's own confeilion ; and the confef- iion extends no farther than barely to the fimple fa6t of offering to fale filk handkerchiefs in fuch manner as is charged upon him. By lord Mansfield Ch. J. A fingie zdi of felling a parcel of filk handkerchiefs to a par- ticular perfon, is not a proof that he was fuch a hawker, pedlar, or petty chapman, as ought to takeout a licence, by virtue of the aMth the fame;) but the perfon to whom the fame fhall be offered may feize and carry the fame to the next warehoufe, and may feize the offender and carry him before a juftice, to be by him imprifoned and profecuted for the penalties incurred for felling orof- fering the fam&.tafale v/ithout licence. /. 20. And i^atoKers ana peaiars. 475 And by 25 G. 3. c. 74. No hawker or pedlar, &c. {hall Not to fell by feu any goods or merchandize, by outcry, knocking down ^'^^'o"* of hainmer, candle, lot, parcel, or other mode of fale at auction, whereby the higheft bidder fhall be deemed the purchafer : either on his own account, or upon commif- iion, or otherwife howfoever, on pain of forfeiting 50 1. ^And by the 7 G. 3. c. 43. if any foreign cambrkk or Foreign goodi. French lawn (hall be found in the poflefuon of any haw- ker, pedlar, or petty chapman ; he Ihall forfeit the fame, and alfo all the other goods in his pack, and (hall alfo be adjudj^ed to have forfeited his licence : half the faid goods to be difpofed to the ufe of the king, and half to the oiEcer who (hall fue for the fame ; and if no officer fhall fue within one month, then any other perfon may fue. But by 27 G. 3. c. 1^. f. 23. 27 G. 3. c. 32. / 19. Foreign carttbricks and French luivns legally imported, may be worn or fold, and no perfon fhall be profecuted for having the fame in his pofl'effion. 2. And every fuch hawker and pedlar, &c. fliall at the Orantin* i!n time of receiving his licence, pay, without any difcount 'i^nce* whatfoever, all the aforefaid duties, to the commifhoners for licenfing hawkers and pedlars, or to fuch perfon as they Ihall authorize ; and upoji payment thereof, and not otherwife, a licence fhall be granted, fubfcribed by two of the faid commiflioners. 25 G. 3. c. 74.7^ 3. For each year h$ Jhall fo travel zvith] The fenfe is here manifeftly imperfedt, and feems as if the word ^^ with" ought to have been left out, and that fuch perfon was meant to pay only 4 1 for each year he Jhall fo travel^ and not for each horfe. As in the cafe of K. and Robothatn, H. 3 G. 3. On a convi!den ^^^ [^^'^'^^ ^^^' in the week next after the Michaelmas gen;rai quiirter feffions. 13 G. 3. c. 78. / i. 6. And the juftices then and there, from the faid lifts, A^aolntment according to their difcretion, and the largenefs of the and" charge. parifli, townftiip, or place, fhall, by warrant under their hands and feals, appoint (D) one, two, or more of fuch perfons as aforefaid, if he or they fliall in the opinion of fuch juftices be qualified for the office ; if not, one, two, or more of the other fubftantial inhabitants, or occup.ers of lands, tenements, woods, tiihes, or other heredita- ments, within fuch parifti, town/hip, or place, living within 3 miles thereof and within the fame county, fie and proper to ferve the office, if any fuch can be found. 13 G. 3. c. 78. f. J. Which appointment fhall by the conftable be notified to every perfon fo appointed, within 3 days after fuch appointment, by ferving him with the faid warrant, or by leaving the fame or a true copy thereof at his houie or ufual place of abode. / \ r -t yointed with faid notice, inali refule or neglect to appear at the laid falaries. fpecial feffions and accept the faid office if appointed thereto in manner aforefaid ; or fhall not, within 6 days after being ferved with fuch warrant of appointment, fig- nify his acceptance thereof, either in perfon or by writr ing, to one of the faid juftices; — he fhall forfeit 5 I. And if any perfon fo appointed, whofe name was not con- tained in the lift, fhall refufe or negleft to accept the faid office ; or fhall not, within 6 days after being ferved with the appointment, fhew to one of the juftices figning fuch appointment fufficient caufe why he fhould not ferve fuch office ; — he (hall forfeit 50 s. Id. But if no fuch lift fhall be made and returned; or if the juftices fb^.H make an appointment, and the perfon appointed fhall refufe to ferve ; the faid juftices or any two of them fhall, at the faid fpecial feffions, or at fome fubfcquent feffions to be holden within one month after, nominate and appoint fome other perfon whom they fhall judge proper, and appoint him a falary out of the faid forfeitures and all other forfeitures, fines, penalties, af- fefTments, and compofitions within fuch diftridt as they fhall think fit, not exceeding one eight part of what fhall have been raifed bv an afTefTment of 6d in the pound for the xiiz of the highways in fuch diftri61:, where any fuch affcflhient hath been raifed j and ob- ferving the fame reftriftion as near as they can, from the beft information they fhall be able to get of the probable arnount of fuch afTeflment, where none hath been already made : And the faid juftices may, if they think fit, require the conftables and furveyor, or any of them, to return to the faid juftices, at fuch time and place as they fhall appoint, an account in writing of fuch fum which fuch afFeflrnent of 6 d in the pound hath raifed or will in his opinion raife within fuch parifh or place. Id. And fetgi^toapS In general. 4B7 And if the conftables, churchwarden?, furveyor*, and J'uch houfeholders as aforefaid fiiall r.'rglei^ or refufe to make fucblilt; — or if the conftable (hall not return fuch lift when made, and fuch duplicate thereof as aforefaid ; —and give fuch notice or notices j — and krve Tuch war- rant as in this a£l is direcTted ; — or if fuch conllab'.e or furveyor flia!! ncgleil to return fuch account of the amount of fuch afr^ffoient as aforeia:d, v>hen required ; — he fhall forfeit 40 s. Id. f. \. Provided, that in cities, boroughs, and towns corpo- rate, the jaftices fliail not allow any falary, other than fuch as flihU be agreed on by two parts out of three of the perfons afiembled in the refpeitive parifn, townihip, or place, witiiin fuch city, borough, or town corporate. Id. I' 53' 54- And in all cafes where the juftices, upon negle6l or refufal of the perfon (b appointed furveyor to accept the faid office fhall appoint any other wich a falary ; they fhall appoint one fubftantial inhabitar.t of fuch parifb, townfhip, or place, for aJfiHant (E) to fuch furveyor, until the next annual appointment of furveyors : And if the perfon fo appointed afTiftaiit fhall, on notice of fuch appointment, refufe to accept the office ; he fnall forfeit 50 s. And in that cafe, they fhall appoint any other fub- ftantial inhabitant for affiitant to fuch furveyor as afore- faid : And if fuch fecond appointed affiRant (hall refufe to accept that office; he fhall in like manner forfeit 50s. And in fuch cafe, they may appoint a third perfon in like manner to be affiftant to fuch furveyor; who fliall be in- titled to thei'e laft mentioned forfeitures, and alfo to fuch further allowarvce by way of falary as the faid juftices fliall think proper; to be paid as the furveyor's falary is hereby directed to be paid. Provided, that no perfon fo appointed affiftant for one year fliall be liable to be ap- pointed affiftant ae;ain for the fame parilli, townfhip, or place, within 3 years next following fuch appointment, without his confent. f. 2. And the furveyor of any parifti, townfhip, or place, who (hall not relide therein, but fhall be appointed with fuch falary as aforefaid, ftiall (if required) give bond, upon paper without ftamp, (for which the juftices clerks fhall have 6d and no more,) to account tor the money,, that fliall come to his hands as furveyor. f. 3, 48. The faid affiftant fliall on requt-ft affift the furveyor in calling in and attending the performance of the ftatute duty ; in colle«5ling the compofitions, fines a"d forfei- tures 3 in colledling the aileflments ; in nuking out and H h 4 fe: ving 4^8 i^lfii)tonpSin general. ferving notices j and in fuch other matters as fhall be reafonably required of him by the furveyor in the execu- tion of his office : And fnall account to the furveyor for the money that fliall come to his hands, on pain of for- feiting double. And if he fhall make dcfaulc in the per- formance of any of the duty required of him j he fhall forfeit not exceeding 5 1, nor lefs than 40 s. f. 4. Abftra<5loftIie g, 'Y\\t iuftices fhall at every fpecial fefTions to be held act to be deliver- -.i , c iri-ii r rr ed to the fur- ''^ the wtek next after the JViichaeJmas quarter lemons, veyors. caufe to be delivered a printed ahftradl of the moft ma- terial parts of this a(St, to every furveyor to be then ap- pointed by them, as the charge hereby diredted to be given. 13 G. 3. c. 78. /. 70. Fee for the a p. 9. A^nd the furveyors fhall pay to the juftices' clerks pointmentand for the appo'nf mcnt and charo-e the fum of one fhilling. charge ^ ^ ^ ^ ^ 13 G. 3. .. 78./ 48, 70. i\ppo;nt.Tisntof ^°* ^^ ^^° P*""'* °"^ °^ x.'^'i^^ of thofe fo to be afTembled fpecial furveyors for the nomination of furveyors, flidll agree in the choice of any particular perfon of (kill and experience to ferve the ofHce of furvryor, and in fettling a certain falary for his trouble therein, and fhall return the name of fuch perfon (B) together with the lifl, to the juflices at their faid f ffions to be holden in the week next after the Michaelmas quarter fefTions j the faid juflices may, if they think proper, appoint fuch perfon to be furveyor for fucn parifh, townfliip, or place, and allow him the falary mentioned in fuch agreement ; which (hail be railed and paid in the fame manner, as the falary herein before mentioned is directed to be raifed and paid. 136^. 3. ^urrevor dying. '!• If a furveyor fhall die, or become incapable to execute his office, before the next fpecial feffions for ap- pointing furveyors 3 two juflices, at a fpecial feffions, may appoint another whom they fhall think proper, until the next fpecial feffions for appointing furveyors as afore- faid. And if fuc^ deceafed furveyor had a falary, they may allow the fame faiary to his fuccefTor, in proportion to the time he fhall ferve the faid office. 13 G. 3. c. yS» f'S' IV, Who are liahk to rspairi and in what proportion, parifn in gene* I- It feems to be agreed, that of common right (that is, rai to repair. by the Common law) the general charge of rep-airing all highways lies on the occupiers of the lands in the parifh wherein they ^re ; But there is no doubt, but particular perfons in general. -489 perfons may be burdened with the general charge of re- pairing a highway, in two cafes ; namely, in refpe6l of an iiiclofure, or by prefcriptioii. 2 For a man may be bound to the repair of a high- Rcpair;n<»in way, in refpedt of an inclofure of the land wherein it lies ; reipett ot aa as where the owner of lands not inclofed, next adjoining '"'•^'''^^'^* to tne highway, incK.feth his lands on both fides thereof; in Wiiich caie, he is bound to make a perfed: good way, and fiiall not be excufed for making it as good as it was ar the time of the inclofure, it it were then anyway de- fediive ; becaufe before the inclofure, the people ufed, when the way was bad, to go for their better palTage, over the fields adjoining, out of the common track, which liberty is taken away by the inclofure. i Haw, 202. And if the way is not fufficient, any paflenger may- break down the inclofure, and go over the Und, and juftify it, till a fufiiciciit way is made. 3 Salk. 182. , Alfo it hath been holden, if one inciofe land on one fide, which hath been antiently inclofed of the other fide, he ought to repair all the way; but if there be not fuch an antient inclofure of the other fide, he ought to repair but half that way. i Haw. 202. Therefore if there be an old hedge t-me out of mind on one fide of the way, and a perfon having land on the other fide makes a new hedge, fuch perfon Ihall be charg- ed with the whole repair, i Sid, 464. But if one perfon makes an hedge on one fide of the way, and another perfon makes an hedge on the other fide of the way, they ihall be chargeable to the repair thereof by moieties. Id, But it is faid, that wherever one is bound to repair a highway, or part thereof, in refpedt of an inclofure, and lays it open again as it was before, he fhall be freed from the charge of fuch repair. 1 Haw. 202. 3. A particular perfon may be bound to repair a high- Repanlnyby way, in rcfpedt of a prefcription ; and it is iaid, that a prei'cription. corporation aggregate may be compelled to doit, by force of a general prefcription, that it ought and hath ufed to do it, without (hewing that it ufed to do fo in refpedl of the tenure of certain lands, or for any other confidera- tion ; becaufe fuch a ccjrporation in judgment of law never dies, and therefore if it were ever bound to fuch a duty, it muft needs continue to be always io ; neither is it any ; plea, that fuch a corporation hath always done it out of , I charity, for what it hath always done, it fliall be pre. j fumed to have been always bound to do; Bat it is faid, i I that 4qo ?l^igl)tea3^S in general. that a pcrfon cinnot be charged with fuch a duty, by a genera! prefcription from wh-it his anctrtops have d«-nc, wnlei* it be for fome fpecia! reafon, as the having bnd defcepded from fuch anceftor?, which are holden by fuch like fervice. i Hjiv. 202. . Yet it feems that an indictment charging a tenant in fee fjnipie, with having ufed of right to repair fuch a vi'ay by reafon of the tenure of his land, is certain enough, without adding, thr.t his anceftors or thofe whofe eftate he hath, havealvi^ays fo done ; for that is implied, i Haw. 203. But the indictment rriuft fet forth, where thofe lands lie. 2H. H. 181. Under which head of prefcription, may be confidered the cafe where, not ihe whole parifli, but particular town- fnips cr other divifions within the parifh, have for time immemorial repaired- particular roads within that parifh ; Which prefcription, being ancient, and without inter- ruption, is prefumed to have had its origin by licence on 3n inquifition of ad qucd dmnr.um^ or other legal com-" mencement. And it would be very prejudicial in large parifhes, if every Inhabitant were liable to repair through- out that whole parifr., when tb.e time occupied in going and returnir.g might exceed the time appointed by the lav/ for labour. But a private agreement amorgft the inhabitants, not' being ancient, nor confirm.ed on an inquifition of ad quod damnum^ that fome of the inhabitants fha'.l repair one part of the highway, and inme of them another part, is not »ood : It may be binding dmongft the paities thereunto^ io as on a breach thereof one p.irty may have an action upon the cafe againfi the other; but with refpect to the publick, they continue equally liable as before ^ for fuch private agreement cannot alter the law. In the cafe o\ K. and the Inhabitants of Great Broughton in Cumberland^ H. 1 1 G. 3. an indictment was brought i.i the ufual forni, alledging that there is, and was fiom the time whereof the me.nory of man is not to the contra: y> a common and ancient king's highway, leading fron^ FliKb-i Parts and IVcjdfide to the market town of IVigioh in the faid county ; and that a certain part of the lame king's common highway, at the parifh of Uridekirk in the county aforefaid, was and yet is very ru-'nous and de- cayed ; and that the inhabitants of ihe divifion of Great Bicughton in the parifh of Bridekirk aforefaid, the com- mon hij^hway aforefaid (fo as aforefaid being in dec^y) irom tiir tiroe whereof the memory of man is not to the I^tgl)to.lp0 in general. 491 contrary, ought to repair and amend^ when and fo often a^ it fiiall be nectflary. On a verdict being found againft the inhabitants, a writ of error was brought in the king's bench ; and the afli2;nrnent of error was, that it is not ^ewn or alledged in the indi<3:ment, that the inhabitants of this divi/ion have ufed and been accujh?ncd and of right ought to, repair and amend this highway, or in what right, or for what caufe they ought to repair and amend it. On behalf of the defendants, it was objedled, that by the common l^iw, excluftve of cuftom, prefcription, or other fpecial obligation, the inhabitants of a particular divifion cf a parifli are not bound to repair ; and here is no cuftom, prefcription, or particular reafon Ihewn, for obliging them to repair this highway: It is only alledged in general, that they ought to repair and amend it, when and i'o often as fhall be necefiary. On the other hand it was contended, that it was fufficiently charged as a pre- fcription : It is charged, that from the time whereof the memory of man is not to the contrary they ought to repair and amend it. A prefcription may be by implication ; as particularly, hy reafon of the tenure of their lands,- By the court : At the common law, and of common right, the inhabitants of a parifh at large are bound to repair the highways, and here is no reafon fhewn why this par- ticular diviilon fhould be obliged to do it. It ought to appear upon the face of the indiftment, by what right the charge was laid upon this particular divifion. If yon lay a charge upon perfons againft common right, yoa muft {hew how they are bound : and it is not enough to fhew that they immemorialiy ought to repair, but it: fhould be (hewn, that they have repaired. And the court therefore held this indictment for that reafon to be bad, and reverfed the judgment. Bur. Mansf. 2700. 4. The furveyor Ihall from time to time give informs- 'Repairs liy prl- tion upon oath to the juftices or two of them, of all ^^^^to bHn- fuch highways, and of all bridges, caufeway?, and pave- forced, ments upon fuch highways as are out of repair, and ought to be repaired by any perfon or perfons, bodies po- litick or corporate, by reafon of any grant, tenure, li- piitation, or appointment of anv charitablr- gift, orothcr- vviie howfoever ; and the faid juftices ftiall limit a time for repairing the fame; of which, notice fli^ll be given by the furvey to the occupier or occupiers of the lands or tenements liable to fuch repairs, or to fuch other perfon or perfons, bodies politick or corporate, as are chargeable with tiie fame: And if fuch repairs fiitU not be efFL-ctu- ally made within the time i<:i limited; the faid juftices fhall 492 ^igI)toapS in general. fiiall prefent fuch highways, bridges, caufeways, or pave- ments, fo out of repair, together with the perfon or per- fons, bodies politiclc or corporate, liable to repair the fame, at the next general quarter feffions for the place where fuch highway fhall lie : And the juftices there, if they fee cauft, may direct the profecution to be carried on at the general txpence of fuch county, city, precinct, orlibe.ty, and to be paid out of the general rates within fuch jurifdidiion. 13 G. 3. c. 78./. 23. And where any lands have been or Ihall be given for the maintenance of caufeways, pavemen's, highways, and hr^dffes : the peifons enfeoffed or trufiied therewith fhall let them to farm at the moft improved yearly value, without fine. And the Juftices in their open feflions fhall inquire, by fuch ways and means as they ihall think fitting, into the value of fuch lands j and order the im- provement and employment of the rents and profits thereof, according to the direction of the donor, if they find that the perfons lo intruded have been negligent or faulty in the performance of their truft. Except fuch lands as have been given for the ufes aforefaid to any col- lege or hall in either of the univerfities of this kingdom, which have vifitors of their own. f. 51. Proportion of 5' '^^^ fuFveyor, together with the inhabitants and labour, occupiers of lands, tenements, woods, tithes, and here- ditaments, fhall, at proper feafons in every year, ufe their endeavours for the repair of the highways, and fhall be chargeable thereto as followeth : That is to fay. Every perfon keeping a waggon, cart, wain, plough, or tumbrel, and three. or more horfes or beafls of draught ufed to draw the fame, fhall be deemed to keep a ieam, draught or plough, and be liable to perform ftatute duty with the fame, in the parifh, townfliip, or place where he refides, and Ihall fix days in every year (if io many days fhall be found neccfTary) to be computed from Michael- mas to Michaelmas, fend on every day, and at every plac?, to be appointed by the furveyor, for amendment of the highways in fuch parifh, townfiiip, or place, one wain, carr, or carriage furnifhed after the cuftom of the country with oxen, horfes, or other c-itde, and all other neceffaries fit to carry things for that purpofe, and alfo two able men with the fame: Which duty fo performed fhall excufe every fuch perfon from his duty in fuch pa- rifh, townfhip, or place, in refpedl of all lands, tene- ments, woods, tithes, or hereditaments, not exceeding the annual value of 50 1, which he fhall occupy therein. 13 G. 3. c. 78. /. 34.. Every 5|t0^to^pS in general. 493 , Every perfon keeping fuch team, draught, or plough, and occupying in the fame parifh, townfhip, or place, lands, tenements, woods, tithes, or hereditaments of the yearly value of 50 1, over and beyond the faid yearly value of 50 1 in refpecl whereof fuch team duty fliall be per- formed J and every fuch perfon occupying lands, te- nements, wood?, tithes, or hereditaments, of the yearly value of 50 1, in any ether parifh, townfhip, or place be- fides that wherein he refides ; and every other perfon, not keeping a team, draught, or plough, but occupying lands, tenements, woods, tithes, or hereditaments, of the yearly value of 50 1, in any parifh t©wnfhip, or place ; — ihall find and fend one wain, cart, or carriage, furnifhed with not lefs than three horfeSy or four oxen and one horfe, or two oxen and two horfes, and two able men to each v/ain, cart, or carriage : And in like manner for every 50 1 a year refpens* as aforefaid, fliall forfeit 10 s; for every default in fend- ing a cart with one horfe and one man, 3s; and for not fending a cart with two horfes and one man, 5 s; and every perfon making default in fending any fuch labourer, or in performing fuch labour at the time and place, and in the manner directed by this aft, or in paying compofition for the fame, fhall, for every fuch negled forfeit i s 6 d : All which forfeitures fhall be applied for the ufe of the highways within the parifli, townfhip, or place, where the fame fhall arife. And the furveyor fliall, with all con- venient fpeed, proceed for the recovery thereof, that the fame may be recovered before he makes up his accounts, 13 G. 3-^ ^. 78- /• 37- 7. If in any place it fhall not be necelTary to call forth Cafe where the the whole duty in any year, it fliall be abated in a juft ^^'^"'^ '^f y '» J 1.^ <-./• "°' needed. and equal proportion. 13 ^. 3« <"• "/o. J. 37. FJL Materials how to he procured. I. The furveyor may take and carry away fo much of Getting mate- the rubbifli or refufe ftrmes of any quarry within his di- ''''''^' firidt (except fuch as fhall have been got by the furveyor of any turnpike road) without the licence of the owner of fuch quarry, as he fhall judge necefTary for the amendment of the faid highways j but fliall not dig or get ftone in fuch quarry without leave of the owner, i 3 G. 3. c. 78. /. 27. It fhall alfo be lawful for fuch furveyor, for the ufe aforefaid, in any zftf/Z^- land, ox common ground, rivsr, or hrook^ within his diflridt, or witnm any other parifh, townfhip, or place, wherein gravel, fand, chalk, flone, or other materials are likely to be found (in cafe fufficicnt can- not be conveniently had within the parifh, townfhip, or place where they are to be employed, and in cafe fufhcient ihall be left for the ufe of the roads in fuch other parifh, townfhip or place) to fearch for, dig, get, and carry away the fame; fo as he do not thereby divert or interrupt the courfe of fuch river or brook, or prejudice or damage any- building, highway, or ford, nor dig or get the fame out of I i 2 any Soo !^ig!)tuapS in general. any river or brook within the diftance of ico feet above or below any brit!c>e, nor within the like diftanceof any d;.m or wear : And likewife to gathcry? ■' . ' notice, and juUge proper, view all the common highways, trunks, ciukdekQs tunnels, plats, hedges, ditches, banks, bridges, caufe- Lo e amen e . ^^.^ys^ and pavements ; and if he fhall obferve any nu- fances, incroachments, obftrudtions, or annoyances, he fhall give to any perfon doing or permitting the fame per- fonal notice, or notice in writing (H) to be left at his ufual place of abode, fpecifying the particulars: And if fuch nufances, obffrudtions, or annoyances fhall not be removed; and the ditches drains, gutters, and water- courfes aforefaid effectually made, fcoured, cleanfed, and opened; and fuch trunks, tunnels, plats, and bridges made and laid ; and fuch hedges properly cut and pruned, — "within 20 days after fuch notice, then the furveyor fhall do the fame, and the perfon neglecting fhall forfeit for every foot in length one penny, and over and above the faid forfeiture the furveyor fhali by fuch perfon be reini- burfed his charges and expences in doing the fame; and if not paid on demand, the furveyor Ihall apply to a juftice, and i^tgljto^PS in general. 507 and on making oath before him of the notice being given as aforefaid, and of the work being done, and of the ex- pences attending the fame, the furveyor fhall be repaid by fuch perfon all fuch charges as (hall be allowed to be rea- fonable by the faid juflice (1); and if not paid on de- mand, the fame fhall be levied as other penalties and for- feitures by this a(£l. 13 G. 3. f. 78. /. 12. 6. If any perfon fhall wilfully fet or leave any wag- Caniagrsorlm. pon, cart, or other carriage, or anv plough or inflrument p'^'ne^tsotiiuf- f L n- J - u- ■ / 1 ■ L r CL bandry lett m of hulbandry m anyhignway (except only with refpedt to the highway. fuch waggon, cart, or carriage, during fuch reafonable time as the fame (hall be loading or unloading, and ftand- ing as near tiie fide of fuch highway as conveniently may be) fo as to interrupt or hinder the free pafTage of any other carriage, or of his majefty's fubjeclsj he jQiall for- feit 10 s. /. II. 7. By the i G. /?. 2. c. kj. If any perfon drivine any ^''^'"= °^*^^''' cart, dray, or waggon, in the itreets of London^ Ihall having. ride upon the fame, not having fome other perfon on foot to guide the fame ; he fliall on convi6lion before the al- derman of the ward, or a juftice of the peace, on oath of one witnefs, forfeit 10 s, by diftrefs and fale ; half to the informer, and half to the poor; and in default of pay- ment, to be fent to the houfe of correction for three days. /. 8. And by the 24 G. 2. c. 43. If any carter, drayman, carman, waggoner, or oth-r driver fhall ride upon the fame in London or within ten miles thereof, not having fome other perlon on foot to guide tlie fame, he fhall on the like convidion, forfeit los in cafe fuch driver fliall not be the owner of fuch carriage ; and in ca^e he be the owner, then any fum not exceeding 20 s. To be re- covered, levied, and applied, as by the aforefald adl of the I G.y?. 2. c. 57. And any perfon, though not a peace officer, may ftop and apprehend fuch offender, and carry him as foon as conveniently may be before a juflice ; and if any perfon fhall refifl, abufe, or prevent any perfon en- deavouring to apprehend fuch offender, or when he is ap- prehended, fliall refcue, or endeavour to refcue him, he fhall forfeit 20 s in like manner, f, 8, 9. By the 30 G. 2. c. 22. If the driver of. any carriage within London OK Wejljninjler^ or in any publick ftreet gr common highway within the bills, fliall by negligence or wilful mifbehaviour, interrupt the free paffage of his majefly's fubjeds; he fhall on convi6lion by confeffion or oath of one witnefs, before one juftice forfeit any fum not exceeding 20 s, or be committed to the houfe of cor- ledion, or fome other prifon of the place where the of- fence 5o8 3|l'g!)toa?S in general. fence fnall have been committed, or the ofFender fliall have been apprehended, to be kept to hard labour for any time not exceeding one kalendar month. The faid for- feiture to be levied by diftrefs by warrant of fuch juflice ; and to be half to the profecutor, and half to the overleers for the ufe of the poor of the parifii or place where the offence (hall be committed, or the offender fhall be ap- prehended ; and if there be no overfecr, then to fome other officer for the ufe of the poor as aforefaid. f. 7, 12. And any perfon who (hall fee any offence committed againfl this a£l, may by authority of this adl and without any other warrant apprehend the offender, and (hall with all convenient fpeed convey or deliver him to a conflable or other peace officer of the place where the offence (hall be committed or the offender (hall be apprehended, in or- der to be conveyed before a juftice, there to be dealt with according to law. / 13- And if he (hall refufe to difcover his name and place of abode, to the juftice before whom he (hall be brought ; he Ihall be immediately delivered over to a conftable or other peace officer, and (hall by him be conveyed to the com- iTion gaol or houfe of corredtion of the place where the of- fence fhall be committed, there to remain until he (hall declare his narr.e and place of abode to the faid juftice, or to fome othcrjcftice of fuch place, f. it. And any perfon (hull be admitted to be an evidence, notwithftanding his being an inhabitant of the place wheie the offence fliail be committed. /. 14. Provided, that perfons punifhed by this zdi (hall not be punifhed by any former law. J. 15. And more generally, by the i 3 G. 3. c. 78. Whereas many bad accidents happen, and great mifchiefs are fre- quently done upon the llreets and highways, by the ne- gligence or wilful mfbehiiviour of perfor.s driving carts thereon J it is enafted. That if the driver of any cart, car, dray, or waggon, (hall ride upon any fuch carriage in any (ireet or h'ghway, not having fome other perfon on foot or on horfebaclc to guide the fame (fuch carriages as are conducted by fome perfon holdini^ the reins of the hcrfe or horfes drawing the fam.e excepted) ; or if the driver of any carriage whatfoever, on any p^rt of any ftreetor highway, fhuU by negligence or wilful mifbeha- viour caufe any hurt or damage to any perfon or carriage paffing or being upon fuch ftreet or highway ; or (liall quit the highway and go on the other fide of the hedge or fence inclofing the fame i or wilfully be at fuch dif- tance ?^igl)toap5 in general. tance from fuch carriage, vvhilft it fhall be pafllng upon the highway, that he cannot have the diredtion and government of the horfes or cattle drawing the fame ;— or ftial), by negligence or wilful mifbehaviour, prevent, hinder or interrupt the free pafTage of any other carriage, or of his majefty's fubje5 in general. wcggon or cart, as the cafe may be. And every perfon viiing any fuch carriage as aforefaid upon any hicrhwav, without the faid names and defcriptions refpeclively, or caufing to be painted thereon any fidtitinus name or place of abode, fhall forfeit not exceeding 5], nfjr lefs than 20 s. /. 5g. Aiehoufesnct 8. And foF preventing ob{tru£lions near public bridges; to be near jf g^y perfon. Collecting any tolls payable for paffing over any public bridge with carriages or cattle of any kind, fhall keep any vi6lualling houfe, alehoufe, or other place of public entertainment : or fnall fell, or permit to be fold therein, any wine, beer, ale, cyder, fpirituous liquors, or other ftrong liquors, by retail, — he (hall, on convic- tion before onejuftice, by confeflion, or oath of one wit- nefs, forfeit 5 1. 13 G. 3. c. 78./ 62. IX. Bire5fion poftSy hloch, milejfonesj water 'marks, and battlements of bridges. The juftices at a fpecial feiTions, fliall iflTue their precept (L) to the furveyor, where feveral highways meet, and there is no proper or fufficient direction poft or ftone al- ready fixed orerecied, requiring him forthwith to caufe to be erected or fixed, in the mofi: convenient place where fuch ways meet, a ftone or poft, with infcriptions thereon, in large legible letters, painted on each fide thereof, con- taininor the name or names of the next market town or towns, or other confiderable place or places to which the faid highways lead ; and alfo at the feveral approaches or entrances to fuch parts of any highways, as are fubje6tto deep or dangerous floods, graduated ftones or pofts, de- noting the depth of water in the deepeft part of the fame, and likewife fuch direction pofts or ftones as the faid juf- tices fhall judge to be neceflary for the guiding of travellers in the beft and fafeft tradt thro' the faid floods or waters : And if he fhall refufe or ncgledt, by the fpace of 3 month?, to caufe fuch ftones or pofts to be fixed j he (hall forfeit 20 s. 13 G. 3. c. 78. /. 26. And whereas in fome places it may be neceflary, to fecure horfe and foot caufeways by pofts, blocks, or great ftones fixed in the ground, or by banks ofearth caft up, or otherwife, from being broken up and fpoilcd with waggons, wains, carts, or carriages; and forafmuch as divers evil difpofed perfons do wilfully or wantonly pull up, cut down, and remove or damage the faid pofts, blocks, and great ftones, and drive carriages upon fuch banks and caufeways or againft the fides thereof, and alfo dig or caft down the faid banks, whereby the caufeways •2 or in general. 511 or banks are often ruined and deftroyed ; ■■ and fuch ci'il diipofed perfons door may break, damage, or throw down the ftones, bricks or wood, fixed upon the parapets or bartlements of bridges ; — and pull down, deftroy, obli- terate, or deface any mile flone or poft, graduated or di- rection port: or ftone, eredied upon any highway : For prevention thereof, it is enabled, that every perfon who fliall be guilty of any fuch offence, (hall upon convi<5tioa before one juftice, by the oath of one witnefs, or upon view of the juftice, forfeit not exceeding 5 1, nor lefs than 10 s; and in default of payment, fliall be committed to the houfe <»f corrti^ion, there to be whipped and kept to hard labour for any time not exceeding one kaiendar month, nor lefs than 7 days. f. 52. X. Breadth of wheels ^ and number ofhorfes. Whereas the highways, not being turnpike roads, are much prejudiced by the narrownefs of the wheels of the feveral carriages travelling thereon, and by the exceflive burdens loaded in fuch carriages ; it is enaded. That no waegon, having the fole or bottom of the fellies of the wheels of the breadth of 9 inches, fnall be drawn with more than 8 hor-ss ; and no cart, having the fole or bot- tom of the fellies of the wheels of the breadth of 9 inches, Ihall be drawn with more than 5 horfes : And no waggon, having the fole or bottom of the fel- lies of the wheels of the breadth of 6 inches, and rolling on each fide a furface of 9 inches, fhall be drawn with more than 7 horfes : And no waggon, rolling a furface of 6 inches only, fhall be drawn with more than 6 horfes ; and no cart, having the fole or bottom of the fellies of the wheels of the breadth of 6 inches, fhall be drawn with more than 4 horfes : And no waggon, having the fole or bottom of the fellies of the wheels of lefs breadth than 6 inches, fhail be drawn with more than 5 horfes j and no cart having the fole or bottom of the fellies of lefs breadth than 6 inches, fhall be drawn with more than 3 horfes : On pain that the owner fhall forfeit 5I, and the driver (not being the owner) 10 s, for every horfe or beafl above the number refpedively, to the fole ufe of the informer. 13 G. 3. ^.78./ 55. But carriages moving upon wheels or rollers of the breadth of i5 inches on each fide thereof, with flnt fur- faces, fhall be allowed to be drawn with any number of horfes or other caule. Ids And 512 J^l[2l)tuapS in general. And provided, that no profecition fiiall be commenced before a juftice, asaiiift fuch owner ordiiver, unlefs the information be laid within three days ; and no action fhall be commenced unlefs within one kalendar month, after the offence committed ; and neither information nor adlion fliall be brought, unlefs notice be wiven by the in- former to the driver, on the day whereon the offence fhall be committed, of an intention to comnlain of fuch of- fence: And if It fhdll appear to the juft.ce before whom the complaint fhall be made, that the offender lives fo remote as to make it in convenient to fummon him to ap- pear before fuch juftice, the faid juftice may difmifs the complaint, and leave the informer to his remedy by aflioa at law. /. 56. And provided always, that the juflices, at the Mi- chaelmas quarter fcffions may licenfe in fuch manner and for fuch time as they fhall think fit, an increafe of the number of horfes to be drawn in carriages up any ffeephill, or on any road not turnpike, over and above the number herein before limited ; and from time to time, at any Michaelmas quarter feflions, may revoke, alter, or vary the fame, as they fhall think fit. f. 57. And provided, that if it fliall appear, upon the oaths of credible witneffes, to the fatisfaftion of any juflice of the peace, or of any court of juftice authorized to inforce the execution of this a61:, that any waggon, cart, or carriage, could not, by reafon of deep fnow or ice, be S in general. 5 2 5 1 1. After convidlion, or upon a demurrer, or confeffion, Exceptions. any one may take exceptions to fuch indidtment or pre- fentment in any court for the want of legal form j but the court in difcretion will very rarely fuffer a rr.an to take fucli exceptions, before fuch conviction or confeffion, without a eertificate and affidavit that the ways are in good repair, i Haw. 219. 12. And the defendants (hall not be d'fcharged by fub- Fine, mitting to a line, but a di/lringas ihall go in infinitum till ihey repair, i Havj. 220. I •^. If the inhabitants of any parifh, townflifp, or place, Inhabitants at a fhall affree at a veftry or other public meeting, toprofecutc meeting may r L-j-o. ^ c ^ ■ ■ ui- agree to rrofe- any perlon by indictment for not repairing any highway ^.^i.^ ^^^/^^.^^ within fuch parifh, townfhip, or place, which they appre- ment. bend fuch perfon was obliged to by law, or for commit-, ting any nufancel upon any highway ; or (hall agree at fuch veftry meeting to defend any indidlment or prefent- ment againft them ; the furveyor may charge in his ac- count the teafonable expences thereof, after the fame fhall have been agreed to by fuch inhabitants at a virftry or public meeting, or allowed by a juftice within the limit where fuch highway Ihall be. 13 C 3. c. 78. /. 65. 14. And in all cafes where a veftry or other public Meeting for the meeting of 'he inhabitants of any panfh, townfhip, or '■'^^ P"''i'°^"' place, is direded by this ad ; public notice fhall be given ^^Ztl ^'"'^''" of the day, hour, and place of holding the fame, at the church or chapel on the S'jnday next before; and alfo notice thereof in writing (W), fpecifymg the purpofe of fuch meeting, fhall be fixed at the fasre time upon the door of fuch church or chapel : and the fame fhall not be held till three days at leaft after fuch 'notice given. And if there be no church or chapel, the like n jtice fhall be given in writing, and put up at the moft public place therein, 3 days at leaft before fuch meeting. 13 G. 3. c. 78./. 66. 15. The court before whom any iiidi(5fment or prefent- Cofts on an in- ment ftiall be tried for not repairing highways, may award eha''jing. XIII. Poiver of the general high'-juay cils transfer- red to turnpike roads. XIV. Statute duty and other labour en turnfike roads. XV. Annoyances to be removed. XVI. DemoUfhing gates or doing ether damages. XVII. Side gates. XVII I. Farming the tolls. XIX. Mortgagee to account. XX. Power of Icjfening the tolls. XXI. Penalty of obfiruBing the execution hereof. XXII. Levying and application of forfeitures. XX III. Irregularity in the proceedings. XXIV. Appeal, XXV. Limitation of actions. I. General qualification of truflees. IN many of the a£ls for repairing turnpike ro?.ds, there is a claufe afcertaining the quantity of eftate which a man (hall be pofTefled of, in order to intitle him to ait as a truftee in the execution of fuch a<£l : /^ nd by the 13 G. 3. f. 84. ^Vhere no fuch qualification is directed by any fuch particular acl, it is generally provided, that in fuch cafe, no perfon fliall be capable <>r afting as a truftee in the execution of any fuch a<5l, unlefs he fliall be in his own right or in the right of his wife, in the a£^ual poiTcilion or receipt of the rents and pioiits of lands, tenements, or hereditaments, of the clear yearly value of 40 1 ; cr poflefl'ed of or intiiled to a perfonal eftate to the value of Sco 1 ; or heir apparent of i^iQl)lUap0, turnpike. 533 a pprfcm poflefled of an eftate in land of the clear yearly v value of 80 1 ; and unlefs, before he afls (not being fuch hsir apparent) he take and fubfcribe the following oath befote two trurtees : " / A. B. do /wear thai I tmly and bona fide am in niy civn right [or, in the right of ?Tiy tvife'l in the a£lual p'>JJtJfi'jn and enjoyment^ or receipt of the rents and profits of iinds^ tenements^ or hereditamentSy cf the clear yearly value of forty pounds -y \_'^'^->%oJf}jJedof^ or intitied to, aperj'onal ejlate of the value of eight hundred pounds^ as the cafe may be :] So help me God.'' And if he fliall adl con- trary hereto, be (hall forfeit 50I to him who (liall fue : And the proof of the qualification fhall lie on the perfon prjlecuted. f. 44. //. Officers in general. 1. No perfon keeping a victualling houfe, alehoufe, or Offers not to other houfe of public enterta-nment, or who fliall fell l"" ^''^'^"'^''^ T \ r in keepers. any wine, cyder, beer, ale, fp-rituou? or other Itrong liquors, by retail, fliall be capable of ailing as iruftee, or of hf'lding any place of truft or profit under the truftecs, or of collci!:ting the toll ; but no fuch perfon fiiall he pre- cluded from farming furh tolls, provided he employs a perTui to colIe6l them who fhall not be under fuch inca- pacity. 13 G. 3. c. 84. / 46. 2. Every treafurer and furveyor fliall, within one month Tieafuverani after his appointment, give bond (without ftamp) to the f^'^cy^n' to give truftees, with a fufticient furety, in fuch penalty as the truftees at a meeting fliall direct, duly to pay and account for all fuch money which {hall be then in his hands, or which he fhall afterwards receive as treafurer or furveyor. J3G. 3. c. 84. /. 65. 3. No gatekeeper, or perfon renting the tolls, and re- Gattkceijer. Tiding in the toll houfe, fiiall be removable by any order of twojuftices as to his fettlement, unlsfs he fliall be adlually chargeable ; nor fliall he gain a fettlement by fuch renting and refidence in the parifh or place where the toll houfe is fit u ate : And no tolls or toll houfe fliall be aflefTed towards the poor rate, or any other public or pa- rochial levy. 13 G. 3. c. 8|. /. 56, And if any gatekeeper fhall fuffer any waggon, wain, cart or other carriage to pafs through the gate, or to be drawn or pafs within his view or with his knowledge, with any greater number of horfcs or beafls of draught ; or With any carriage conftiu£ied or drawn in anv other manner, or without fuch names and defcriptions painted thereon, as are in this actdirtcled j and fhall not within L 1 ^ one 354 i^fSljtoapS turnpike. one week proceed for the recovery of the forfeitures ; he fhall forfeit 40 s. / 57. And the gatekeeper, and alfo the furveyor, Ihall, when required by notice in writing from the truftees or any five of t! (.m, render upon oath, to be adminillred by a truftee, an account in writing of all money received by them on account of the road, and not before accounted for ; on pain of 5I, to be recovered in a fummary manner before one juflrcc, and applied to the ufe of the road. f. 55. Upon ihe death of a gatekeeper, two truftees mav ap- point another till ihe next meeting, f. 54. Ami if the wife or family of a gatekeeper who fliall die, fhall refufe to deliver up pofltflion within four days after another fhall be appointed ; or if a gatekeeper fhall be difcharged from his office, and fhall refufe to deliver up pofleflion within two days after notice given to him of his difchdrge; one juil:ice may by his warrant order the con- flable, with fuch affiftdnce as fhall be neceffary, to enter the houfe and premifies in the day time, and remove the perfons who fhall be found therein, together with their goods, out of fuch houfe, and put the new appointed cfHcer in poflVjIion. IJ. Officers to 4, All clerk^-, treafurers, furveyors, and other officer^, account. ^^^ their refpective executors and adminiftrato;s, (haVi within ten days after notice in writing given to them by the truftees, or five of them, at a meeting, produce and deliver up all books, accounts, papers, or writings, re- lative to the execution of their office* J on pain of ic i. 13 G. 3. c. 84. / 45. General penalty Every confUbJe refufing or negleding to put this on omcers not J ^ r t ?■ c doingtheir a£t in cxecution, or to account for and deliver any for- ^'■^^^' feiture or penalty ; and every furveyor, toll taker, and all perfons employed by the truftees, who receive falaries. — that fhall neg!e6}, for the fpace of one week after an of- fence committed, to lay fuch information on oath before a jullice as by this aci is directed ; fhall forfeit 10 1. 13 G. 3. .. 84. /. 73. III. Meetings. Meetings how 1. By the 1 3 G. 3. c. 84. Where a fufficient number to be luiiained. cf truftees fhall not meet on the day appointed ; fo many of them as do meet, or if none Ihall be prefent, the clerk fhall caufe ten days notice in writing to be affixed on all the toll gates ereclied on the faid road ; or if none fioall be then eredfed, in the moft cx)nfpicuous place in one of the principal towns neareft to which the roads lie (and in fuch iJ^lSutoapS, turnpike. 535 fuch cafe alfo in fome public news paper circulated in that country) j appointing the truftees to meet at fuch place where the preceding meeting was appointed to have been held, /. 49. And by the i8 G. 3. c. 63. Where the truflees (hall n©t meet on the day appointed for their firft meeting, or on any day appointed by adjournment, or (hall not adjourn, or when the day appointed for the firft meeting hath elapfed before the pafiing of the a£t; any five or more of them may caufe notice under their hands to be affixed on all the turnpike gates on the faid road, or if none fhall be then erected, they may caufe the like notice to be affixed in fome confpicuous place in one of the market towns near the road, and alfo to be publifbed in fome nev/s pa- per circulated in that part of the country, at leaft twenty days before, appointing the truftees to meet at the place where the laft preceding meeting was appointed to have been held, or at the place directed for the firft meeting, if no precedins; meeting hath been held. f. i. And no meetmg fhall be adjourned for longer time than three kalendar months. 13 G. 3. c. 84./ 50. 2. And no bufinefs fhall be proceeded on at a meeting, Hour; of bun- before the hour often in the forenoon ; and no adjourn- neu. ment fhall be made to any hour later than two in the after- noon of the day on which fuch meeting ihall be appointed to be held. Id. 3. And whereas fome perfons may have acted as truftees pr(,ceedings arc in the execution of certain turnpike asSts without having valid aichouga been regularlv appointed, and doubts may arife whether ''^^ '^''^^'^" 1 j-'(-i nil ■ I rnay not have the proceedings or the trultees had at any meetings where ^^^\^ regularly fuch perfons have acted are ftrictly legal, for obviating appointed. whereof, It is enadted, that all proceedings of truftees for any turnpike road, at meetings where any fuch perfons have aiSted, (hall be as good, valid, and efFeitua! in the law, as if fuch perfon had been dulv appointed. And that no fuch perfon fliall be liable to be profecuted for having fo ai5ted, provided, that at the time he fo acted as a trudee, he had an eftate Sufficient to qualify him, and had alio taken the oath required by perfons a(5ting as truf- tees. 25 G, 3. c. 82. / 7. 4. And every a6t agreed upon at any meeting fhall be Orders to be figned at the faid meeting by a competent number of truf- ^^o"«=i* tees ; otherwife the fame ihall be void. 13 6'. 3. c. 84. y^ 50. Jy. Payment ofjuhjcriptions ififorced. If any perfon (hall agree to advance any fum for making or repairing any turnpike road, and fhall fubfcr'be hu^ L 1 4 p.arne 53^ !^ig!)tocip5, turnpike. name to any writing for that purpofe ; he fhall be liable to pay the fame accordingly; and in default of payment within 21 days after the fame (hall become payable ac- cording to the purport of fuch writing:, and fnall be de- manded by the perfon to whom the fame is made payable by fuch writuij;, or if no perfon be named therein, then by the treafurer of the turnpike -, fuch treafurer or other per- fon may fue for and recover the fam.e. 13 G. 3. c. 84./. 35. V. Stamp duties 'ujitb rejpe^ to tury>pike roads. For the encouragement of the (lamp duties, it is enacled by the 23 G. 3- ^- 58- I hat all fuch parts of any adt of parliament relative to any turnpike road, pafTed before Dec. 5, 1782, as exempt any mortgage, allignment, trans- fer, or other fecurity for borrowing money, or any nomi- nation, contraci, bond, warrant, judgment, or other writ- ing liable to (lamp duties, from being ftamped, fhall be and are repealed. / 15. VI. JVeighing engines to he ere^edy with additional toll for over-weight. Weighingen- I. The truftees, orfiveofthem, at a meeting, may, if gines to be they think proper, at any toll gate, or in any part of the road, caufe a crane, machine, or engine to be erected, for the weighing of carts, waggons, or carriages, conveying any goods or merchandize whatfoever ; and by writing figned by them may caufe fuch carriage 10 be weighed, to- gether with the loading thereof, (i.) 13 G. 3. f. 84./ I. Additional toll 2. And may take, over and iibove the other tolls, an for over-weight. ad(]itional toll for every hundred weight, of 112 lb to the hundred, which every fuch carriage with the loading there- of fhall weigh, over and above the weights hereb)) allowed to each of theni refpectively, 'viz. To every waggon or four wheel carriage, having the fellies or rollers of the wheels of the breadth of 16 inches j 8 tons in fummer, and 7 in winter : To every waggon or wain having the axle trees thereof of luch different lengths, that the diilance from wheel to wheel of the nearer pair of the faid wheels be not more than 4 feet 2 inches, to be meafurcd at the ground ; and that the diftance from wheel to wheel of the other pair thereof be fuch, that the fore and hind wheels (hail roll only one fmgle furface or path of 16 inches wide at the Icaft, on each fide of the faid waggon or wain, and having the fellies there- of of the breadth ofg inches from fide to fide a: the bottom: 6 tons !0 hundred in fummer, and 6 tons in winter : To l^igljtuapS, turnpike. 537 To every waggon or 4 wheeled carriage, having the fole or bottom of the fellies of the wheels of the breadth of 9 in- ches ; 6 tons in fummer, and 5 tons 10 hundred in winter : To every cart, having the fellies of 9 inches ; 3 tons in fummer, and 2 tons i 5 hundred in winter : To every waggon having the fole or bottom of the , fellies of the wheels of the breadth of 6 inches ; 4 tons 5 hundred in fummer, and 3 tons 15 hundred in winter : To every fuch waggon fo conftruiEled as to roll afurface of 1 1 inches ; 5 tons ten hundred in fummer, and 5 tons in winter : To every cart having the fellies of the wheels of the fame dimenfions ; 2 tons twelve hundred in fummer, and 2 tons feven hundred in winter :, To every waggon having the fole or bottom of the fel- lies of the vt^heels of lefs breadth than 6 inches ; 3 tons ten hundred in fummer, and 3 tons in winter : And to every cart having the fellies of the wheels of the fame dimenfions : i ton 10 hundred in fummer, and i ton 7 hundred in winter : And for the feveral purpofes aforefaid, it fhall be deemed fummer from May i, to 0£i. 31 ; and winter from Nov. I, to April 30; both inckihve. 13 G- 3. r. 84. /.I. Which faid additional toll fhall be as follows j viz. For the firft and fecond hundred of fuch over-weight, the fum of 3d for each hundred : For every hundred above two hundred, and not exceed- ing five hundred, the fum of 6 d : For every hundred above five hundred weight, and not exceeding ten hundred, the fum of 2 s 6 d : For every hundred above ten hundred weight, and not exceeding fifteen hundred, the fum of 5 s : For every hundred above fifteen hundred, the fum of 20 s. Provided, that the truftees of the feveral turnpike roads within ten miles of London, Weftminfler, and South- warlc, may lower thefe additional tolls as they fhall think fit. 14 G. 3. c. 82. 3. The toll gate keeper or other perfon appointed to the Toll taker to care of the weighing engine fhall weigh all fuch waggons weigh, and carts as he (hall have reafon to believe carry greater weights than are allowed to pafs without paying the addi- tional toll : And if he (hall permit fuch waggon or cart to prtfs through any fuch toll gate with greater weights than are hereby allowed, without weighing the fame and receiving the additional tolls j he (hall forfeit 5]. 13 G. 3. c. 84. / 2. And in order to deted any connivance or negle6l of duty ill 538 J^j'SljteavS, turnpike. in the perfon fo appointcdto weigh the carriages, any truftee, creditor, clerk, treafurer, or furveyor of fuch turnpike road, may caufe any carriage which fhall have pafl'ed thro' the gate and not gone above 300 yards further to return and be weighed, paying to the driver the fum of 1 s ; which fum fiiall be returned by the driver, if the car- riage and loading be above the weight hereby allovv^ed. f. 3. And if the driver refufe to return, he lliall forfeit 40 s ; and any other perfon, being then prefent, may drive back fuch carriage in order to be weighed. /. 4. And the furveyor fhall make convenient places for turn- ing fuch carriages v/ithin 3C0 yards of the gate, on each fide thereof, if the ground will admit of it. Id. Lift of name! to 4- And there fhall be a lift of the names of all the truf- be put up a: theitees and creditors, and alfo of the clerk, treafurer, and weighinsen- fupveyor of fuch turnpike road, put up in the houfe or building where fuch weighing engine fhall be placed, to be infpecled by the owner or driver of every fuch carriage. 13 G. 3. c. 84./ 4. Aas continued 5. In order to compenfate for the expences of ere' ^° ^"^ creditors ; all acts or parliament maoe for re- pairing turnpike reads ; the truftees whereof fhall withia 12 months after the commencement of this zdi have caufed fuch engine to be creeled, fliall be continued further for five years from the time of the expiration thereof. 13 G, 3. c. 84. / 5- _. . 6. Provided, that the aforefaid regulations of weight txemptions -, ,, , ^ . * fram weighing, ihall not extend to any waggon, cart, or carriage, em- ployed only in hufbandry, or carrying only manure for land, hay, flraw, fodder, or corn unthrafhed. 13 C 3. c. 84. J- 6. Nor fhall fuch carriages be weighed (except hay or frraw carried for fale). 14 G. 3. r. 82. And by the 18 G. 3. c. 63. no toll or duty fhall be taken by virtue of any a£l for repairing any public road, for any horfes belonging to officers or foldiers upon their march or upon duty, or for any horfes, cattle, or carriages, employed in carrying the arms or baggage of any fuch officers or foldiers, or in carrying any fick, wounded, or dif.ibled officers or foldiers: and no carriages fo employed fhall be fubjedl to be weighed at any engine erected upon any turnpike road, nor the owner or driver liable to any forfeiture for over-weight, j. 2. Tbefefllons 7. And the juflices in feffions, on complaint to them niaycaufeen- made, by any juftice or two creditors or truftces, may eines CO be r ,- ' ■ \ r> 1 1 l ^l r erift'-d caufc iucn engmcs to be eredred, and the expences tnereot to be paid out of toe tolls, 1 3 G. 3. <-■. 84. / 7. 8. V/here i^iSl)toapS5 turnpike. 539 8. Where two or more roads meet at or near the fame Engine where place, the trultees of fuch roads refpeaively, at a ^eet- ^^'"^ '■°''^= ^'^"^ ing for that purpofe, may fix upon fome convenient place to ere6l a weighing engine upon, which will accommodate all fuch roads ; and proportion the expenccs, and the money arifing from forfeitures for over-weight, in fuch manner as they (hall judge reafonable, 13 G. 3. c. 84/ 8. 9. The truftees fliall caufe to be put up and continued Table of die upon every toll gate, a table of all the tolls payable at every ^"'^^ ^° '^^ P"' fuch gate, diftinguifliing each toll, and the different forts of ^^ ^* carriages for which they are to be paid ; and alfo a table of the weights allowed for each carriage, with the loading thereof in fumnier and winter. ii^G. -i^. c. 84. y^ 66. VIL Breadth and tire of wheels. I. Whereas by feveral ads of parliament for particular Diminution of turnpike roads, feveral high tolls are granted for waggons, toils in refpea carts, and other carriages, drawn by more than a certain" ^'^'"^'^^^'^'''* number of horfes or beafts of draught, with intent, in efFedl:, to prohibit the pafFage of fuch carriages, and thereby the better to preferve the roads ; it is enacted, that the truftees of fuch road, or any five of them, at the firft meeting after the commencement of this act, fliall mitigate and reduce the 'f^nie high tolls, in refpecl of fuch waggons or other wheel carriages only, having the wheels of the breadth of 6 inches, in fuch manner, as no greater toll in refpe6t to waggons be taken for the fame, than is dire(5led by the faid a£ts refpcdlivcly to be taken for waggons and other four wheeled carriages drawn by 4 horfes or beafts of draught; and that no greater toll be taken for ^«r/^, having the fellies of their wheels of the breadth of 6 inches, than is diredled by fuch acts to be taken for carts drawn by 3 horfes. i 3 G. 3. c. 84./. 22. 2- The turnpike trtiftees, or perfons authorized by them, incrcafe of tolls fhall take for every waggon, wain, cart, or carriage, hav- in refpca of ing the fellies of the vvheels of lefs breadth than 6 inches """-"w vvheeh. from fide to fide, at the bottom or fole thereof, and for the horfes or beafts of draught drawing the fam.e, one half more than the tolls payable for the fame refpedively. 13 G. 3. ..84.7:23. 18 G. 3.^.28. And whereas there are in feveral turnpike a(5ls, exemp- tions allowed from paym.ent of tolls in particular cafes, and liberties allowed in particular cafes, to pay lefs thaa are charged upon other waggons, carts, or carriage?, paffing through turnpike gates j and wheieas it v/ill tend to the advantage and prefcrvatiun of turnpike road«, to 540 !^l'9l)\J0apS, turnpike. confine fuch exemptions and liberties to carriages with wheels of the brcadtfi of 6 inches or upwards; it is en- a(fled, that no perfon fliali, by virtue of the faid acts, have :iny benefit or advantage of any exemption from toil or part of toll, or to pay lefs in refpecl of any waggoti, cart, or other carriag^e, or horfe drawing the fame, and carrying any particular kind of goods, than other car- riages of the like nature carrying other goods ought to pay, unlefs fuch waggon, cart, or other carriage ha\e the iole or bottom of the fellies of the wheels of the breadth of 6 inches or upwards : Except carts and carriages carry- ing corn in the ttraw, hay, ftraw, fodder, dung, lime for the improvement of land, or other manure, or any imple- ments of hufbancry. J. 24. Issmptions in 3. Provided, that no perfon fliall have the benefit of rcfpeaoffiat gpy fuch exemption, or anv privilege of compounding for ^ ^^*' tolls, in refpecSt of any carriage having the fellies of the wheels of the breadth of 6 inches or upwards, unlefs the fellies, and the tire upon fuch fellies fliall lie fo flat, as not to deviate more than one inch from a flat furface. J 3 G. 3. c. 84-/9, 25- 16 G. 3. c. 39. Provided alfo, that all waggons, carts, or carriages, moving upon rollers, of the breadth of 16 inches on each fide thereof, with flat furfaces, (hall pafs on any turn- pike road toll free for (five years from Michaelmas 1774, 14 G. 3. c. 82-) and afterwards, paying only fo much toll as (ball not exceed half of the full toll payable for carriages having the fellies of the wheels of the breadth of 6 inches from lide to fide, and not rolling a furface of 16 inches on e^ch fide thereof: And that no more than half toll {l^^all be paid in reipect of waggons having the fellies of the wheels of the breadth of 9 inches, and rolling a furface of 16 inches on each fide thereof, from and after the commencement of this ad. /. 26. General excep. 4. Provided always, that nothing herein contained tions. fhall extend to any chaife marine, coach, landau, berlin, chariot, chaife, chair, calafli, or hearfe ; or to the car- riage of fuch ammunition or artillery as fliall be tor his majefty's fervice ; or to any cart or carriage drawn by one horfe or two oxen and no more ; or to any carriage havincT the fole or bottom ot the fellies of the wheels o of the breadth of 9 inches, which fnall be laden v;ith one block of rtone, one piece of marble, o;ie cable rope, one piece of meui, or one piece of timber. 13 G. 3. c. 84. /27. And no toll mall be paid at zv.y turnpike gate, in re- {otCf. of carriages folely employed in carrying materials for , the i^tgljtoapg, turnpike. , .541 the repair of any turnpike road or public highway, or for ^oing to or returning from I'uch empioymcnt. J. 6o. FIiL Number of horfes or heajis of draught . I. No waggon or other four wheeled carriage, having Number of the fole or b.)ttoa-i of the fellies of the wheels of the hories» breadth of 9 inches, flaall pafs on any turnpike road with more than 8 hoi fes ; nor any cart or other two wheeled carriage, having wheels of the breadth aforefaid, (hall pafs on any turnpike road with more than 5 horfes : And the horfes in fuch refpe3:ive carriages foall draw in pairs (except an odd horfe in any team, and except where the number of horfes fhall not exceed four) : And no waggon or other four wheeled carriage, ha\'- ing the fole or bottom of the fellies of the wheels of the breadth of fix inches, ihall pafs on any turnpike road with more than fix horfes ; nor any cart or other two wheeled carriage, having wheels of the like breadth, fliall pafs on any turnpike road with more than 4 horfes : And no waggon or other four wheeled carriage, hav- ing the fellies of the wheels of lefs breadth than 6 inches, {hall pafs on any turnpike road with more than 4 horfes ; nor any cart or other two wheeled cariiage, having the fellies of the wheels of lefs breadth than 6 inches, ihall pafs on any turnpike road with more than 3 horfes ; On pain that the owner of every fuch carriage fhall for- feit 5 1, and the driver \^nol being the owner) 20 s, to any perfon who fliall fue for the fame. 13 O. ■^. c. 84.7^ 13. And for all the purpofes of this aci, two oxen or neat cattle (hall be considered as one horfe. f. 67. Provided, that no profecution fliall be commenced be- fore a jullice by way of Inforinatlon^ for any forfeiture incurred by the owner or driver of any carriage having 3 greater number of horfes therein than are allowed by this a£t, unlefs fuch information be laid within 3 days after the offence committed ; and that no action Ihall be com- menced, unlefs within one kalendar month after the of- fence committed ; and that neither fuch information nor a<5tion ftiall be brought, unlefs notice be given by the in- former to the driver on the day on which the oirence fhall be committed, of an intention to complain of fuch of- fence. And if it fliall appear to the juiiice before whom fuch complaint (hall be made, that the offender lives io remote as to make it inconvenient to fummon him ; the jultice may difmifs the complaint, and leave the infurmer to his remedy by aclion at law, f. \ <\. And 54-2 f^igl^toapS, turnpike. And provided, that any waggon, cart, or other car- riage may be drawn with any number of horfes, upon any turnpike road where a weighing engine ihall be erected, provided the carriage be weighed at fuch engine : And in cafe of a profecution, the perfon having care of the engine fhall on demand give the driver a ticket, cer- tifyins; that fuch carriage was weighed, aud the weight thereof, with the loading. /. i6. 2. If it fhall appear to the trudees of any turnpike road, or any 7 of them, at a meeting, by the oath of one witnefs experienced in levelling, that any part of the rife of an hill upon fuch road fhall be more than 4 inches in a yard; they may allow (k.) fuch number of horfes as they {hall judge neceffary, not exceeding 10 for waggons with 9 inch wheels, nor 6 for carts with 9 inch wheels ; and not exceeding 7 for waggons with 6 inch wheels, nor 5 for carts with 6 inch wheels ; and not exceeding 5 for wap-o;or.s with wheels of Icfs breadth than 6 inches, nor 4 for carts with wheels of lefs breadth than 6 inches : And in cafe it fliall appear that the whole rife of any hill taken togather fhall be more than 4 inches in a yard upon an average, they may allow fuch number of horfes as they fliall think fit, for the purpofe onjy of drawing up fuch hill ; the length and extent of fuch hill to be fpecified in fuch order of allowance, and the termination at each end thereof to be marked by a pofl or flone ; and the faid order of allowance to be certified (1.) to the next feflions, who on proof upon oath may confirm or dif- allow the fame , and the juflices at any fubfequent fefTions may reconfider and difcharge the fame if they think fit. J3G. 3. ..84./ 18. 3, And if it fhall appear, upon th-e oath of credible witneffes, to the fatisfadlion of any juflice or court au- thorized to inforce the execution of this a6t, that any carriage could not, by reafon of deep fnow or ice be drawn with the refpe£live weights, and by the number of horfes or beafts of draught hereby allowed ; they may flop all proceedings before them for the recovery of any penalty or forfeiture for drawing with a gre:>ter number of horfes or beafts of draught than are hereby allowed. 13 G. 3, f. 84. /19. Narrow whpr-i-d 4* Vv'hereas great damage is done to turnpike roads carr'ijpes not to by waggons and other carriages with narrow wheels bcQrawnby drawn bv horfes in pairs ; it fliall not be lawful, for any waggon, wain, or cart, having the fole or bottom of the fellies of the wheels thereof of lefs breadth than 9 inches, to pafs upon any turnpike road, if the fame fhall be drawn by J^l'Slltoat^jS, turnpike. 543 by horfes in pairs: Except fuch, having the fellies of the breadth of fix inches, as (hall be authorized to be drawn in any other manner by order of, the truftees at a meet- ing confifting of 7 or more; and except carriages drawn by two horfes only, 13 G. 3. c. 84. f. 20. 5. And if any perfon (hall drive with more than the Apprehending number of horfes hereby allowed ; the conftable, furveyor, ''^^"'^"s* or any other perfon, may apprehend and carry him before ajuflice, and upon convi(5tion by confeffion or oath of one v/itnefs, he fliall forfeit not exceeding 5 1, nor lefs than 10 s. 13 G. 3. c, 84. f. 21. 6. The juftices in Wales, at their Michaelmas quar- Exception a» to ter feffions yearly, may licenfe an increafe of the number '^*'^5* of horfes in drawing carriages on any turnpike road, over and above the number herein before liniited, if upon in- quiry they find any additional number necefTary ; and may alter, vary, or revoke the fame as they ftialJ think fit. 13 G. 3. c, 84. /. 59. IX. Penalty of evading the tolls. 1. If any perfon -fhall unload any goods before they UnloaiJ, turnpike. bended bv any perfon who fhall fee fuch offence commit- ted, and fliill be immediately conveyed to a conftable or other peace officer, in order to be carried before a juftice. "" And if fuch driver ftiall refufe to difcover his name, ihe jurtice (hall conomit him to the houfe of correciion for anv time not exceeding 3 months ; or may proceed againit Ijim for the penalty by a dcfcription of his perfon and of- fence, and exprclling in the proceedings that he refufed co difcover his name. 136". 3. c, 84. f. 40. XIII, Pozvers of ihe general bigh-zvay a5ls transferred in aid of turnpike roads^ Where the powers given by feveral turnpike aclis ^re ineffe^:lual for providing materials for the ufe of the turn- pike roads therein defcribed ; and alfo for enlarging, di- verting, and turning fuch turnpike roads ; and flopping up, and felling of the old roads j and alfo for making, opening, and cleaning of ditches and drains, and the cutting and pruning of hedges and trees; and alfo for calling forth the ftatute duty which (hall belong to fuch turnpike roads : the farveyor of every turnpike road, may, with the appiobation of the truftees, put in execution the feveral powers more amply given for the like purpofes in the general highv^ay act or act?, as fully and amply as the furveyors of the feverel parifhes or townftiips can or may do, by virtue of fuch general highway acl or ads, 13 G. 3. f. 84. /. 70. XIV. Statute duty and other labour on timipike reads. Statute dirty to I. The turnpike furveysr fhall caufe the flatute duty be performed required bv the feveral turnpike acts, and compbfitions within the • r r '' l /• i^ i i i -i diftrict. ariling from the lame, to be expended upon tne turnpike road lying withio the parilh, tov/nfliip, or place, from which fuch duty ihail be required, and not clfewhere j 09 pain of 40 s. 13 G. 3. c. 84. /. 32. Cettlne mate- ?-• No turnpike furvcyor (hall gather or caufe to be rial]^ , gathered any loofe (tones for the ufe of the road, upsn the common fields or inclofed lands of any perfon, without the confent of the Ofcupier, or a licence from a juftice, after having fummoned fuch occupier to come before him, and heard his reafons,» if he fiiall appear, and give any, for re- fufing his confent. 13G. 3. c. 84. /. 61. Aid where any materials fhali be got by the furveyor in :be feveral or inclofed grounds of any perfon for the ufc 3|l3l)toa|^5, turnpike- 547 ufe of any turnpike read, under the authority of this a£l or of the faid general highway aft or afts ; fatisfaftion fliall be made by the truflees of fuch turnpike road to the owner or occupier of fuch grounds for the materials fo to be got, and alfo for the damages in carrying the fame away, in fuch manner ao fatisfadllon is to be made by the faid general highway acfl or afts. _/"• 71. And on every turnpike road, where a fufficient c]uan- tkty of ftone, gravel, chalk, or other materials cannot be provided and carried by the labourers and teams required to perform ftatute duty upon the fame; the furveyor, with the approbation of the truftees, (hall contrail for the getting and carrying thereof, at fome time and place to be fixed for that purpofe, of which ten days notice (m.) in writing fli-11 be given, by fixing the fame on the door of the church or chapel, or if there be no church or chapel, then at the moft public place there, which notice ihall fpecify the work to be done, and the time and place for letting thereof : And if any furveyor fhall have any Ihare in the contraft, or in any other contraft for work or materials, or fliall let to hire any team, or fell or dif- pofe of any timber, flone, or other materials, unlefs a licence in writing for the fale of fuch materials, or for letting to hire fuch team, be firlt obtained from the truf- tees ; he (hall forfeit 10 1, and be incapacitated lo be em- ployed as furveyor. f. 36. •?. Where there are iwo or more turnpike roads under Propo-t'oning r \ r\ r ^• • , • i r -A » the ftatute duty leveral acts ot parliament, withm the lame pariln, town- j^p^^^,^^^ fg^j.,,^ fliip, or place, and the ftatute duty direfted by all fuch turnpike roaii. ails for the repair of fuch turnpike road (hall exceed three days duty in the whole ; two juftices at a fpecial feffions may proportion the ftatute duty betwixt fuch turnpike roads and the other highways in fuch pariih, townfhip, or place, in fuch manner as they (hall think fit, having firft fummoned the clerks and furveyors of the turnpike roads, and likewife the furveyor of the highways for fuch pariQi, townfliip, or place. 13 G. 3. c. 84. / 32. A. Whereas many pcrfons are liable by tenure, inclo- Agrecmentwith lure, or otherwile, to the repair ot certain highways, '^^^ ^j.ir by tc- which having become turnpike roads are more ufed and nurcorucber- occafion an increafe of expencc in repairing the fame, *"^^' which ought in fome degree to be laid upon the turnpike road ; the truftees of fuch turnpike road may agree for the repair thereof (n.) with the perfon lioble to repair the fame, in fuch manner as they fliall thmk fit, and contribute fo much to the repair thereof out oi tne tolls, or out of the ftatute duty belonging to the fame, a^ they flidll think juft and reafonable, 13 G. 3. c. 84. / 62. Mm 2 5. Where 54^ ^iSW^VS, turnpike. Rrp.iir of turn- 5' Where parts of highways or turnpike roads ard pike roajs ii. turncd by legal authority, to make the Tame nearer or more ^"^'^ ' coinmodiou';, the inhabitants or other perfons who were liable to the repair of the old highway, fhall be liable to the repair of the new, or fo much thereof as fhall be equal to the burden and expence of repairing fuch old highway from which they are exonerated by turning the fame as aforefaid : And if the feveral parties interefled cannot agree, the fame (hall be viewed by two juftices and fettled by them (o) : And if it {hall be found more convenient to fix a grofs fum, or annual fum, to be paid by the inhabitants or other fuch perfons, towards the re- pair of the new highway, inftead of fixing the part or pro- portion of fuch new highway to be repaired by them; the faid juftices may, with the confent of fuch perfon or perfons, and of the inhabitants obtained at a veftry meet- ing (p.) for that purpofe, and alfo of the truflees at a pub- lic meeting, if it be turnpike road, order and diredt the fame accordingly. 13 C?. 3. c. 84./. 63. Turnpike road 6. When the inhabitants of any parifh, townfhip, or indiaed or pre- place (liajl be indicted or prefented for not repairing any ^^'^'"'*' highway, being turnpike road, and the court fliall impofe a fine for the repair of fuch road ; the fame (hall be pro- portioned, together with the cofts and charges, between fuch inhabitants and the turnpike truftees ; and the court may order the treafurer of fuch turnpike r»ad, to pay the fame out of the money then in his hands, or next to be received by him, in cafe it fhall appear to fuch courr^ from the circumftances of fuch turnpike debts and re- venues, that the fame may be paid without indangering the feciirity of the creditors who have advanced their money upon the credit of the tolls. 13 G. 3. c. 84. / 33- _ . , , 7. Where any turnoike road is in fuch a ftate and con- In what cafe tne .. ; , , ,i ' ■ • i , r , ftacutedutyon Qition, that the itatute duty required to be performed turnpike roads upoH the fame, or fome part thereof may be difpenfed "^'-^ '.'^'^''P^"'^" with, and employed moie conveniently for the benefit of the other public highways within the pariih, townfhip, or place; the juOices, at a fpecial fefEons, upon application to them made by the furveyur of fuch parifh, townfhip, or place, may fummon the clerk and furveyor of the turnp'ke road to appear before them at fome other fpecial feffions, and produce before them a ftate of the re- venues and debts belonging to fuch turnpike road: And if it iliall appear to them, that the whole or any part of the ftatute duty may convenienily be difpenfed wtn irom furh turnpike ro?c'', without iud angering the fecuritits for the money uJvanced on the credit of the toils i they m .y order !^i0!)toap5, turnpike, 549 e5rder (q.) the whole or part of fuch ftatute duty to be per- formed upon the highways not being turnpike within fuch diftrift, during fuch time as to them fhall feem juft and reafonable. 13 C 3. c. 84. /. 58. XF. Annoyances to he removed. 1. If the furveyor of any turnpike road fhall fuffer to R"'>'t'!'>' or ^ • c ^\ f r \ • L r ..'.Ur^ other matterleft remain for the (pace of 4 days, in any part thereof, witriin ^ _^^ ^^^ ^^^^^ 10 feet on either fide or the middle of the road, any poft, heap of ftones, rubbifl), or earth, by which the paHjgs thereof may be obftruded or ftraitened ; he (hall forfeit 40 s. 13 G. 3. c. 84. /. 37. 2. If any perfon fliall incroach by caufing to be made Iicroiching, any hedge, ditch, or other fence, on any turnpike road, within 30 feet from the middle thereof; or fhail plough, harrow, or break up the foil of any ground, or in plough- ing or harrowing the adjacent lands Ihall turn his plough or harrow on any ground within the diftance of 15 feet from the middle thereof as aforefdid j he fhal! forfeit 43 s to him who fliall make information thereof: And the truftees, or five of them, may caufe fuch hedge, ditch, or fence to be taken down or filled up, at the expence of the perfon to whom the fame fhall belong. And one jjflice, on proof thereof upon oath, may levy as well the expences of taking down fuch hedges as aforefaid, as the feveral penalties hereby impofed, by diflrefs. 13G. 3. c. 84. 3. The trultees, or five of them, at a meeting, may, ^nnoysnccs if they think fit, diredl profecution by indictment, for ptofecutedat • any nufance upon the turnpike road, at the expence of '^^^ ^''p'^"'^'^ ''* the tolls ; provided that proof can be had, by confeflion of the offender, or by one witnefs. 13 C 3. c. 84. f 47- XFL BemoUJIjing gates or doing other damage. I. If any perfon (hall, either by day or night, wil- ^'^^^"['"P* fully or malicioufly, pull down, pluck up, throw down, *" level, or otherwife deftroy, any turnpike gate, poft, rail. Wall, chain, bar, or other fence, fet up to prevent paf- fengers from pafnng v^ichout paying toll j or any houfe eredled for the ufe of fuch turnpike gate ; or any crane, machine, or engine, for weighing carriages ; or fhall refcue any perfon lawfully in cuftody for any of the faid offences: he {hall be guilty of felony, and tranfported for 7 years, orcommitttcl to prifon for any time not exceed- ing2years, at the difcrction of the judge before whom Mm? the petsof bri-^es. S50 f)ig!)teap0, turnpike. the ofFendcr fhaU be trietf. And the inditSlment for fuclj oft'ence may be inquired of, heard, and determined in any adjacent county. 13 G- 3' ^- b'4. /. 42. And the hundred fhall anfwer damages, as in cafes of robbery, /43- It the truftees fliall ereft a gate where they have no power ; the juftices in ftfllons, upon complaint, may hear and determine the fame in a fummary way, and order the iheriff to remove it. [• S^' _> ^ . J. 2- Where feveral hiehwavs meet, the tru{^ees fliall redlioii p-,its, caufe the furveyor to erect a {tone or port, with an in- biockr, mile fcription thereon in lar^e letters, containing the name of -."""fu",;^^!"* and diftance from the next market town or towns or other confiderable place or places to which the faid highways refpe£tively lead ; and alfo, at the feveral approaches or entrances to fuch parts of any highways as are fubjeift to deep and dangerous floods, graduated l?:ones or [>ofls, denoting the depth of water in the deepeft part thereof, and iilcewife fuch direftion pofts ur ftones as the truftees fhall judge necefTary for the guiding of travellers in the beft and fafeft tra£l thro' the fdid floods or waters ; and alfo fhall order the furveyor to eredt mile flones or pofts upon fuch turnpike road, with proper inlcriptions a.id figures thereon, denoting the names and di fiances from the princTpal towns or places on each refpeflive road. 13 G. 3. c. 14. /. 41. And if any pei-fon fnall wilfully or wantonly pull down, obliterate, or deface any mile flone or poft, gra- duated or direction poft or ftone ; or fliall pull up, cut down, remove, or damage any poft, block, or ftone fixed in the ground for fecurmg any horfe caufeway or foot caufeway, on the fide of any turnpike road ; or dig or cut «!own any bank of earth caft up for the faid purpofe ; or fhall break, damage, or throw down the ftones, brjck^, or wood fixed upon the parapets or battiements of bridges : he fliall, on convidlion before one juftice, upon view, or by the oath of one witnefs, forfeit not exceeding 5 J, nor lefs than los ; and in default of payment, Iball be committed to the houfe of correction, to be whipped and kept ta hard labour, not exceedir.ir one kaleudar iiionth, nor lefs than 7 days, unlefs the fan)e be looner paid, f, ^j^, XV 11. Sidegaies, No Tide gate Hiall be erecled on snv t.:r.,pike read, un- \eU the faire be ordered by the ;ruitcei ai a meeting, of whi.h i^lgi)lDaj>ff, turnpike. which 21 days notice (hall have been given In ivriting, affixed upon all the toll gates treated on fuch roads, and alfo in fome public news paper circulated in that part of the country, fpecifying the place where fuch fide gate is prnpofed to be eredted ; and unlefs nine truUees at leafl, being a majority of thofe prefcnt, fhall fign the faid order at fuch meeting ; And no perfon fhall be liable to pay toll at any gate ereded acrofs or on the fide of any turnpike road, or be fubjei^ to any penalty for any carriage, horfe, or beaft, which (hall only crofs fach road, and fliall not pafs above lOO yards thereon, except over fome bridge ere61ed at a confiderable expence by the truflces. 13 G. 3. c. 84. /. 3^. But this fhall not afFe6l any toll gate di reeled or au- thorized to be fet up at any place particularly fpecified and mentioned in any a61^ of parliament for repairing any high- way, pafl'cd before the making of the adt of die 13 G. 3, —14 G. 3. c. S7' 55'^ XVIII. Farming the tolls. The truilees of any particular turnpike a^, or any 7 or more of them, at a public meeting, may let to farm the tolls, tho' no exprefs power to let the fjme be given by fuch a£t : And whenever any tolls fhall be let to farm, the following direitions fliall be obferved ; that is to fay. The truflees fhall caufe notice (r.) to be given of the time and place for leiting the fame at leaft one month be- fore ; by fixing the fame upon every toll gate belonging to fuch turnpike road, and alfo upon the market crofs of the market town neareft to the place where the tolls are to be let, and alfo in fome public news paper circulated in that part of the country, and fpecifying in fuch notice the fum which the faid tolls produced in the preceding year, clear of the falary for col!e(5ling the fame (in cafe any hired colle6lor was appointed), and that they will let fuch tolls by auftion to the bed bidder, on his producing fufEcient fureties for payment of the money weekly or quarterly as fhall be required by the truftees ; and that they will be put up at the fum which they v/ere let for, or did produce, in the preceding year, clear of the falary of the cullecitcr ; A.nd the truRtes fliall provide a glafs, with Ui muc h land in it as Will run from one end "f it to the other in (wie minute; which glafs lhn as the fand is run out, it fliail be tun.ed ag/iin ., ami (o for i f.mes, uglcls fome other li'iding intcr- jM m 4. vjnes ; 552 !^!gl)toapg, turnpike* Venes : AnJ if no other perfon fhall bid, until the fand fhall have run thio* the gldfs fr 3 times ; the laft biddef fhall be the farmer of the tolls. An5, turnplkcc 553 Provided, that where the whole money borrowed on th« Credit of the tolls fhall not have been difcharged ; no fuch toils (hall be IclTened without the confent of the perfon or perfons inticied to five fixths of the money remaining due upon fuch refpettive tolls, f, 30. XXI. "Penalty of chjiru^ing the execution thereof. If any perfon fliall refifl or make forcible oppofition againft any perfon ettiployed in the due execution of this aci, or of any particular turnpike aft ; — or fhall afiault any ci)lle6tor of the tolls in the execution of his ofHce ;— or fhall pafs thro' any gate, rail, chain, or fence, v/ithout paying toll ; — or fhall hinder or attempt to prevent or ob- flru6t any perfon in meafunng the wheels of any carriage j —or make any refcue of catile or ocher goods diflrained ; — or if the conftable fhall refufe or negleft to execute any juflice's warrant : h« fhall forfeit not exceeding 10 I» nor lefs th n 40 s, to be paid to the furvsyor for the ufe of the turnpike road; and if not foithwifh paid or fecur- ed, he fhall be comnaited to the common gaol or houfe of correction for any time not exceeding 3 months, unlefs the forfeiture fhali be fooner paid. 13 G. 3. c. 84. /. 75, XXII. Levying and application of forfeitures. All penaliies and forfeitures by this aft impofed, and all cofts and charges to be allowed and ordered by autho*. rity of the fame, the manner of levying and recovering whereof is not hereby otherwife particularly direftet), (hall be levied by diiuefs and fale of the goods of the of- fender, or of the perfon or<^^'red to pay the faid cofls re- fpedlivclv, by warrant of one juftice, on conviiSiion (a. b- c. d. e. f. g.) of the offender by confeffion or oath of one witnefs, or upon fuch order made as aforefaid ; the f^me to be paid half to the informer, and half to the furvey- or for the ufe of the turnpike road, unlcfs otherwife particularly direfted. And in cafe fuch diltrefs cannot be found, and fuch penalties and forfeitures, or the faid colts and charges, fhall not be forthwith paid; fuch juf- tice fha 1 commit the ciK^nder, or perfon liable to pay the fame refpectively, to the common gaol or houfe of cor- retStion f'»r any time not exceeding 3 months, unlefs the faid penalty, forfeiture, cuils, or charges fhall iefpt(5tive- iy be fooner paid. 136^. 3. c, 84. /. 76. An4 554- i^!Sl)toa?S, turnpike. And aay inhabitant of any parifli, townfhip, or place where the offence (hall be comnr.itred, may be a witnefs, notwithlianding his being an inhabitant, f. 74. And anv jultice n)ay acl in the execution hereof, not- withft.-.nding he may be a creditor or truftee. Id, And if the offender live out of the jurifdidtion of the juftice, any juflice of the limit where the faid perfon Ihall inhabit (hall, on requefl to him made, and a true copy of the convi(£tion for the penalty or forfeiture, or of the or- der for the payment of cofls or charges, being produced and proved before him upon oath, caufe the faid penalty or forfeiture, or the faid cofts or charges, to be levied by diftrefs; and if no fufEcient diftrefs can be had, fhall commit fuch perfon to the common gaol or houfe of cor- reftion of fuch limit, for the time and in the manner aforefaid. J. 76. Provided, that no warrant of diftrefs, unlefs otherwife directed by this acl, Ihall be iffued for levying any penal- ty or forfeiture, cofts or charges, until fix days after the offender fhall h^ve been convicted, and an order made and ferved upon him for payment thereof. J. 77. Provided alfo, that every penalty or forfeiture that fhall be recovered on the infcrmatlcn of the furveyor, or toll taker, or other peribn employed by the truflees, and re- ceiving falaries or rewards for their ferviceSjand not other- wife dire£led by this act, fliall be applied to the amend- ing of the faid turnpike rcuds refpe£tivr!y, and to no orhcr ufc. /I 7S. And to prevent fraudulent convi£lionSs the juftice be- fore whom any information fhall be brought, fliall, in cafe any other information or conviction (hal! be fet up by way of defence, proceed to examine into the real me- rits cf fuch information, proceeding or conviction ; and if it ihall appear that the fame was not done 10 recover «nd apply the penalty or forfeitare for the real ends for which It was intended, but to favour the ofFendf-r, fuch information or conviallnot be ten perfons haV" ing fucli qualifications, then that they do infer t in fuch'lifi the names of fo many of fuch perfons as are fa qualifed, together voiih the names of the moj} fuff.cient and able inhabitants not fo quahfied, asfball make up the number ten, if fo many can be found, if not, fo many as fr>all be there refiient., to ferve the office of furveyor of the highways. And you are alfo feveraUy required, within three days after making thefaid lift, to deliver a copy thereof to me of the juflices of the peace of the faid living in or near the fame [paiiili, &c.J and alfo to give perfonal notice to, or caufe notices in zu>'iting to be left at the places of abode of the fever al petfons contained in fuch lifl, informing them of their being fo named., to the intent that they may fever ally appear before the faid juflices at their fpecial frffi-jns to be holden at — — — within the Jaid — — en the ■ day cf~ 'noxu next enfuing, at the hour of -^ — in the forenoon of the fame day, to accept fuch office^ tf tk:y Jhail be appon.tcd thereto, or to Jhcw caufe, if they nave any, ogainfi their being appointed. And you are likewife t$ give notice to tije prefcnt fwvcyors of the highways within your ifjj.'sclive liber th'S, to appear at the fame time and place, and pioauic fu.h accounts {ind lifls befars the faid juflices as are re" quired 55^ i^tsl)toaj>s. quired hy the fold an. And you, and each of you, are per fort' ally toapptar before the faidjujiices, at their /aid fpccialfejjlons, and then and there feveratly deliver to the [aid juftices the /aid original lijl or iijis taken within your reffcdlive liberties, and give an account of the execution of this our precept. Given under our hands and fcals, the — — — day of in the year of our Lord, . B. Lift of perfons to be returned to the juftices. yf L I ST of the fvcral perfons named for furveyors of ■^ the highways for the [infert the narrje of the parifh, townfhip, or placej at a meeting held at ■ ■ in the faid • ■ the day of 1774- A. B. C. D. kc. [This is to be added when a particular perfon is recom- inended — TFe vjhofe names are fubfcribed, being two parts in tlxree of the perfons affe7nbled at the meeting aforefaid, do agree in the choice of A. S. as a fit perfon to ferve the office of furveyor yor the • of aforefaid, and in the allowance to him. of — — for his trouble in executing the fame fgr the year enjuing; and ive do recommend the faiJ A. S. to the juflices for ikeir appointment accordingly.'^ C. Notice to the perfons in the lift. A B. tah notice. That you was at a meeting held at • ■ ■ - on the - - day of — — named as one of the perfons to be returned io the jujUces as fit to ferve the cffice of furveyor for the faid for the year enfuing ; avd if you have any cauje to fhew why you fhould not be appointed to ferve fuch office, you mujl make the farrie appear before the juf- tices, at their fpecial feffior.s to be hoi den at — — en the -— — day of ' ■ > next* A. C. Confrable, &c. D. Appointn^nt of a furveyor. r At a fpecial fefTions held at in the M'J/11 r 3 ^""^""^^ ^^ byjufticesof the peace * I for the faid county, ailing within the faid Lhundred, on the day of '774' TX^E do hereby nominate and appoint A. S. of in the faid hundred, furveyor of the highways within the faii 559 Jaid • for the year enfuing : And you the faid A. S, are faithfully and irul^ to execute the faid o^ce of furveyor according to the dirccliom of the Jlatute pafj'ed in the thirteenth year of the reign of hii majefly king George the third *' Far the amendment and prefervation of the highways •" an ahfiraSf cf the material parti of vjhich flatute is hereunto annexed. Given under our hands and feals the day and year above men- tioned. If a furveynr is appointed with a falary, then after the words j^flr enfuing^ add, And we do allow the faid h, S. the falary of for his trouble. E. Appciintmentof an affillantto the furveyor.' »- At a fpecial fefHons held at in the Middlefex. \ ''""'^'^'^ °^ ^^ juftices of the peace ^ for the faid county, a tvhofe names arc fuhfcribcd, be:7ig the jnjiiccs of peace who have vieived the feveral highivays dfcribed in the plans hereunto annexed., and made an order for divert- ing the old highway j and being fatisfied that the new highway therein defcribed is properly 7nade having upon view found, that a certain part of a highivay within the^ of in the faid hundred, lying between and ~ for the length of yards or thereabouts, and particularly dcfcribed in the plan het einito annexed, may be diverted and turned Jo as to make the fame nearer [or, more commodious] to the public^ ; and having vieiued a courfe, propofedfor the neiu hightuc4y^ in lieu thereof thro' the lands and grounds of of the length of yards or thereabouts, and of the breadth of- • ■ — feet or thereabouts, particularly defcribed in the plan hereunto an- nexed, and having received evidence of the confent of the faid - to the /aid new highiuay being made thro" his lands herein before defcribed, by writing under his hand and Jeal ; we do hereby order, that the faid highway be diverted and turned through the lands (foiefcud \ and we do order an equal afl'ejf- menty not exceeding the rate of b d in the pound, to be made, levied^ and colle^ied^ upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments in the faid • — — cf ■' ayul that the money arifirig thereupon be paid and applied in viaking recompcnce and fatisfa^tion for the fame unta the faid , Q^ Form of fuch confent. 7" A. B. of in the county of beinz owner of the lands defcribed in the plan hereunto annexed, through which part of a certain highivay, lying between — — and ■ - is intended to be diverted and turned, in confideration of the fiim of < to be paid to me for the faid land and the foil thereof [or as the cafe fliall be], do hereby confent to the fnaking and continuing fuch new highxvay through my faid lands. Given under my hand and feal, this day cf 1774- N n 3 R. Notice S66 ^iS\f\J0ii^3- R. Notice of application to be made for a general afieffment. Middlefex. jyor/CE is hereby gherr, that application tuill be made to the jujiices of the peace aitlng for the hundred of in the faid county ^ at their fpecial fejfions to he held at in the faid hundred, on the day cf * ■■ 1 774' P^ ^« ^^fW affejfment to he made^ not exceeding • in the pounds upon all and every the occw piers^ of landi^ tenements^ woods^ tithes^ and hereditaments within the ■— — of for the vfe and benefit of the high- tvays within the faid « Dated this ' < day of ■ 1774- A. B. Surveyor. S. Order for fuch general aflcfTment. !At a rpecial feflions for the highways, held at in rhe hundred of in the faid county, the day of — — — 1774, by juftices of peace for the faid county adting within the faid hundred. T TP O A^ application made to us by the furveyor of the highxvays for the of and upon evidence given upon oath before us., that the duty direiied to be performed^ and the money authorized to he colleSledand received, by an a5lpaffed in the thirteenth year of the reign of bis majejly king George the third " For the amendment and prefervaiion oj the high- way s,^^ have been performed, applied, and expended, accord- i,\g to. the direSlions of the faid aci : fOr, — upon evidence given upon oath before us, we are fully fiiiisfied, that the co7nmon highways, bridges, caufeways, fireets, end pavements belonging to the of are fo far out of order, that they cannot he fufficiently amended and repair- ed., paved, cleanjed, and fupported, by the means prefcribed by an aci paffed in the thirteenth year of the reign of his majejly king George the third " For the amendment and prefervaiion of the highways ;"] Jnd it appearing to us, that notice hath been duly given of fuch intended application, according to the direSiion of the faid aSi, we do hereby order, direSl, and appoint, that an equal of- feffment^ nsi exceeding ihefum cf i m » in the pounds upon all and 567 and every the Dccup'iers of lands., tenements .^ woods., tithes ^ and hereditaments., within the /aid of Jl^all be forthwith made by the faid furveyor, and Jhall be allowed by one jufiice of the peace for the faid hundred, and Jhall he colle£ied hy the /aid furveyor ; and that the money fa to be afjejedand colle^ed Jhall be applied for and towards the a?ncnding, repairing, pavings . cleanfmg and Juppor ting fuch highxvays, caufe%vays,flreels, pav£' mejtts, and bridges, and for other purpofes as dire^ed by the faid a£i, T. Surveyor's oath on pafling his accounts. / A. B. do Jwear, that the accounts noiu produced and deliver- ed hy me, as furveyor of the highways for the of ■ for the lafl year, are juJI and true, to the befl of my knowledg»k "—So help me God. U. Allowance of the accounts. October the 1774* ^J^H E S E accounts were examined and allowed before. V. Indiflment for not repairing a common high- way. \HtS^mox\^n^. CJ^H E jurors for our lord the king upon their oath prefent, that from the time whereof the memory of man is not to the contrary, there was, and yet is a common and ancient king's highway leading from the town of in the county of towards and unto the market town of in the county of ———, u fed for all the liege fuhjccls of our faid lord the king, and of his predeceffors^ with their horfes, coaches, carts, and carriages to go, return^ pafs, ride, and labour at their will and pleafure, and that a certain part of the fame king's common highway, fttuate, lying and being in the pariJJi of in the county of ■- aforefaid, beginning at the place called ■• — and fo continued iovjards the market tozun of aforefaid, far the length of -" — feet, and being of the breadth of — -—feet, on the •- day of — in the ■ 'year of the reign of and con- tinually afterwards^ until the day of the taking of this inquifi^ N n 4 imif 568 !^iSl)l;5ap5. iion^ teas n>:d yet is in ^'y fi-t t, on the day of /'/; the year cf the rcion cf ■ ■■ andecntinually afterwanls, until the day of the taking this inquijition, at the parifh of afcrefald in the county aforefaid, was, ami yet is, very ruinous, miry, geep, br'oken, and in fuch decay, for zvunt of due reparation and amendment of the fame, that the liege Jubjec"s of our faui iard the king, by and through the fame way, with their korfes and cattle, could not during the time aforefaid, nor yet can go, return, pais, ride, and lahour, as they ought and were wont to doy withsut great danger cf themjehes and cf their gccds, tQ 5^9 to the great damage and common nvfanu cf all the liege fuhje^s of our f aid lord the king, through the fame hlglnvay gcwgy re- turning, pnjfing, riding, and labouring, and agalnft the peace of our fold lord the king. And that the Inhabitants of the fume pari ft) of — — iri the county aforefald, the fame com- mon hlglnvay , fa as aforefald being In decay ^ ought to re- pair and amend, when, and fo often as it fball be necef-^ fary. Indiclment for Incroachip.g upon a highway, by building thereupon, Weftmorland. CJ^H E jurors for our lord the king, upon their oath prefent, that A. O., late of ■■'•' " carpenter, the -i day of — • In the ■■■■ year with fr;e and arms, at In and upon a common highway. In a certain place com?nonly called ■ there leading from • • to by a certain building there containing In length U^t, and in breadth feet, by him the fald X. O. ereSied and built, hath unlawfully and unjuftly Incrocched, end doth yet Inaoach, and the hullalng (forefild fo as Is aforefald ereHed and built by him the fold A. O. from the afcrejaid day of In the year aforefald, unto the day of exhibiting this information, at ■ aforefald in the county aforefald, with force and arms unlaw- fully and unjujily hath continued, and doth yet continue, by reafon luhereof the common highway aforefvd hath become and is greatly fraitned, fo that the lieges and fubjsSls of the fald lord the king upon and through the fame common highway afore- fald, with their horfes, carts, and carriages, cannot go, pafs^ ride, and labour as they ought and were wont to do, to the great and common nufance of all the lieges and fubje£ls of the fald lord the king In and through the fald common highway goings pajfing, riding, and labouring, and ogalnjl the peace of the fald lord the king. Trem. ig6. Indidment for inclofing the highway. Weftmorland. cr H E jurors for our /did lord the king upon -^ their oath prefent, That whereas from the time whereof the memory of man Is not to the contrary, the liege fuhje^s of our fald lord the king had, and lawfully ufed a certain common highway at ■ in the fald county, in a certain place there called — — — leading from the town of ■ ■■ ■ of or 6" 570 i^i'gljtoaps. — — — oforefa'td^ to the town of fer them/elves , and their goods, without any Jloppage or hindrance by any ditches y hedge Sy or other chjlacles ivhatfoever \ never thelefs one i\. O. cf aforefaidy in the county of afore [aid., yeoman , on the — — day of • in the year of the reign of with force and arms at — — aforcfaid^ in the county of >•■■ aforefaidy in the place afore faid called upon the common highway aforefaid, a certain ditch and quickjct hedge did makcy and the furd ditch and quickfst hedge f as aforejaid made doth yet continue and keep; to the great /icppage and hin- drance of the liege fubjeiis of our faid lord the ^ing, p^Jf'^g i^ tin d thro' the faid common highway, and againjl the peace cfour faid lord the k:t:g. Indiflment for laying timber or other obftrufcions in the hij^hwav. Weftmorland. CT' H E jurors for cur lord the king upon their oath prefent, that A. O. late of — — in the county aforefaid, yeoman, on the — day of in the year of the reign of and en divers ether days and times as well before as afterwards, with force and arms, at — in the faid county, in and upon the Jting's coTTWon highway there, leading from unlo the town of ~— divers great pieces cf timber put and placed, and caufed to be put avd placed, and the fame great pieces of timber fo as cfoi efaid put end placed from the aforejaid day of " in the year aforefaid, until the day cf exhibiting this information, in and upon the kivg^s common highway aforefaid to he, lie, and remain, hath permitted and doth Jiill permit, to the grievous and common nufance of all the lieges and fub- jc5ls of the faid lord the king, upon and through the king's com-' mon highway aforefaid going, poffing, riding and travelling, and againf the peace of our faid lord the kir.g, his crown and dignity. Trem. 197. Or, great quantity cf dung and other filth, by rea- fon whereof divers hurtful and umvhohfoine fnells from the faid dung and other filth did then and there arife, and thereby the air there became, was, and is corrupted and in- fe£iid Or, ——^cort leads of rulhif}) hyreafon whereof the fid higkivay for the whole time aforefaid teas /Iraitred and ob- J}ru^ed,j'o that the liege J'uhjeiis of our faid lord the king could 3 h:-< 571 net fo freely pofs and repafs about their latvful hu/snefs^ through the [aid common highway there, as they ought and have been ac* cujiomcd — — . Indi(5lment for topping up a watercourfe, whereby the highway is overflowed. Weftmorland. CJ^H E jurors for our lord the kwg upon their oath prefect, that A. O. late of the parijh of •■ in the county afarefaid^ yeoman, on the »'■'■' -" day of in the year of the reign of • with force and arms^ at the parijli aforefald, in the county aforefaid, a certain ancient watercourfe adjoining to the hinges common highway, within the fame parijh, leading from the town of ■■ ■ in the county aforefaid, towards and unto with gravel and other materials, unlawfully and inju" rioufy did obftruSl and flop up ; and the fold watercourfe, fo as aforefaid ohjlruiled and flopped up from the faid — -> day of-^ in the year aforefaid until the day of the taking of this inquifnion, at the parijh aforefaid in the county aforefaid, un~ lawfully and Injurioufy hath continued andflill doth continue, ly reafon whereof the rain and ivaiers that were wont and ought to flow and pafs through the faid watercourfe, on the fame day and year, and divers other days and times afterwards, between that day end the day of the taking of this inquifition, did over- flow and remain, in the king's ccrmnon highivay aforefaid, and thereby the fame was, and yet is greatly hurt andfpoiled ; fo that the liege fubjecls of our faid lord the king, through the fame zvay with their hotfes, coaches, carts and carriages, then and on the faid other days and times could not nor yet can go, return, pafs^ ride, and labour as they oughts and were luont to do, to the great damage and common nufance of all the liege fubje^s of our faid lord the king, through the fame highivay going, returning, paf- fmg, riding and labouring, and againji the peace of our faid lord the king. W. Notice for a veftry or other public meeting, ATO T IC E is hereby given. That a veflry or public meet' ing will be held at on the > day of — — — next, in order to [here fet forth the particular occailonj, Dalidtht — — day of ^--^ I774» A. C. Conftable, &c. X. PrefcnU fK. 572 m5\)m(ivs X. Prefentment by a iuflice of a road being out of repair. MiddlcfcX, IT the general quarter fejft'.tis of the pea^e of our lo^d the king held Jar the faid county, at ■ in the fold county on - • the day of- in the — — year cf the ^eign of before and cfquires., and others their con'p^/nwris, jufitces of our faid lord the king^ af~ figned to ke?p the peace in the fSid county^ and alfo to hear and detc-mine divers felonies, trefpofps, and other mi f demeanors in the faid county committed, J. P. efquire, one cf the jujUces of cur faid I'-rd the king, ajftgned for the purpojes aforefaid, by vif tue of an aSJ wade in the I'^tbyear of the reign of his majcfly king George the third " For the amendment and prffervation of the highways," upon his o%vn view [or, if it is upon the jnformation of the furveyor, then fay, upon information en oath to him given by A. S. furveyor of the highways for the ' of in the faid county^ doth prefent, 'That from the time whereof the memory of man is not to the contrary, there was and yet is a certain common and ancient king s h'ghway, hading from the town of ■ — - /« the faid county, towards and unto within the fame county, izfed for all the king' s fuljeSls, with their harfes, coaches, carts and carriages, to go, return, and pafs at their will; and that a certain part of the fame king's cj/nnon hi^hzvav, commonly called . ftuaie, lying, and being in the ' of in the fame county, ccntaining in length ^ yirds, and in breadth ■ ■ — feet, on the da^f of in the • year of the reign fif- and continually afterwards until the prefent day, Tva! and yet is v-ry ruinous, deep, broken, and in great decay, for want of due reparution and amendment, fo that the juhje^s ef the king, thro' the fame way, with their horfes, coaches, carts, and carriages, coutd not during the time aforejaid, nor yet can go, return, or pajs, as they ought and were wont to do : io the great damage and cornmon nufance of all the king's Jubje^is tbro ibc lame highway going, returning, or paffmg, and again/} the peace of our faid lor a ihe king : And that the inhabitants of the of " ' aforejaid in the county aforefaid, the faid common highway, fo in decay, ought to repair and amende when and fo often as it Jhall be neceffary. In tcjlim:;ny whereof, the faid J. P. to theje prefects hath fet his hand and jeal, ibis <^ "" ' ■■ da-^ of in the \ear aforelaid. y. 'Warrant 3|(gl)ioap3. 573 Y. Warrant ofdidrefs for an afTelTment. Middiefex. ] To the conftable, &c. Jf/^H E R E A S hy an a[fejfment ;nadc upon the occupier t of lands ^ te^iements^ zvoods^ tithes^ ond }ieredita?}ients, within the of — j« ihe [aid county^ for the purpofes ofi^c. [as ftated in thejuitjcts older] purfuant to an order cf jujiices for thaipurpofe, nccording to the direfiicns of the cU paffed in the thirteenth year of the reign of Ins majefty king George the third *' For the amendment and prcjervation of the highvjayi^^ A. O. tuas charged with the fuin of ■ as his fhare and proportion of the Jaid affrjj'ncnt^ in rrfped of the lands, tenements, zvocds, tithvs and ^hereditaments, which he oc- cupied tuithin the f aid — — — And whereas it appears to me upon the oath of that the faid fiim of hath been duly de- manded from the f aid h. 0. and that he hath refufcd to pay the fame for the fpace of ten days after fuch demand wade; Thefe are therefore^ inhis majejiy's name, iocovunundyoutolevythe faid fum of hy di/hefs cf the goods and chattels of the faid A. O. Andif the fame jhall tiot be paid ivi thin the fpace of four days next after fuch diflrefs hy you taken, together with the reafonabk charges cf taking and ketping the jame, that you do then fell the faid goods and chattels fo by you diji rained; and out of the money arifiyig by fuch fale, that you do pay unto A. S. thu furveyor of the hightvoys for the faid of — — — the faid jum of 'to be employed for the purpofes aforefaid ; and theft ycu do return the furplus thereof to the Jaid A. O. the reafonalla charges of taking, keeping and felling the faid dijirefs being firjl aedutlcd. And if Jufjicient dijbejs cannot be found of the goods and chattels of the jaid h. (). whereon to levy the faid fum of that then you certify the fame to me,, together with this zvarrant. Given under my hand and feal the day of 1774. a. Information againil an offender. Middlefex. -n £ it remembredy that on the day of • i774» ^^ !• ^/ ■ '" ^^'' faid county informeth and maketh oath before 7ne ]• P. efquire, ene of his majejiyi juftices of the peace for the fiid county^ that y^, O. of '■^ " -in the faid county [Mere defcribe the of- fence S7+ !^t5|)to£. e. Warrant of diftrefs for a forrdture. (Kot to be ifTued till alter fix uavbfioai fervice of tlie <7ider lor payment.) Middlefex. \ To the conllable of J'f^H E RE J S A. O, of in the faid county, yiomariy is duly convided before me J. P. efquire^ one of his majcjly^s ju/iices of the peace in and for the [aid county, upon the oath of A. W. a credible tvitncfs, for that he the faid A. O. hath [Here fet forth the offence, defcribing it particularly in the worcs of the ftatiite as near as may be] contrary to ihejiatute in that cafe made and provided^ by reafon whereof the faid A. O. hath forfeited the fum of to be dijlributed as herein is mentioned, which he hath refufed to pay : Theje are therefore in his majejiy's name, to convnand you to levy the faid fum of — — by dijlrefs of the goods and chattels of him the faid A. O. And if within the fpace of four days next after fuch difirefs by you taken, the faid fum^ together with the reafonable charges of taking and keeping the fame, Jhall not be paid, that then you do fell the faid goods and chattels fo by you di/irained, and out of the money crifing by fuch fale, that you do pay one half of the faid fu?n of > to A. I. cf - who informed me of the faid offence, and the other half of the faid fum of to A. S. the furveyor of the highways for the • of ^— — where the faid offence (negleSf, or, default) happened, to be employed towards the re- pair of the faid highways [or as the cafe fliall be], returning the overplus upon demand to him the faid A. O. the reafonable charges of taking, keeping, end felling the faid dijlrefs being fir J} deduSied. And iffuffcient difirefs cannot be found of the goods and chattels of the faid A. O. whereon to levy the faid fum of that then you certify the fame to me, together with this warrant. Given under my hana and feal, the day of 1774. _ If it is for a turnpike forfeiture, then fay, to h. S. furveyor cf the turnpike road (defcribing it) io he em^ ployed ioivards the repair cf the faid read ■ ■. f. Ccnfta^ i^lSl)l^apS. 577 ' f. Conflable's return of want of diflrefs. T A. C. conjlahle of the — — of • ' - in the county of « do hereby certify and make oath, that by virtue of this war' ranti i have made diligent fear ch for the goods of th^e within named ■ and that I can fnd no fufficient goods whereon to levy the within fum of . As witnefs my hand the - day of 1774. Sworn before me the day and year Cfff. J. P. A. C. g. Commitment for want of diflrefs. r To the conflible of in the fald county, Middlef X 3 ^""^ '■^ ^^^ keeper of the common gaol [or, I houfeofcorrejf^ionj at .in the faid Lcounty. TT/'H E R E J S A. O. of in the faid county^ yeoman^ ivas on the day of- convive d before me J. P« efquire, one of his maje/iy''s juflices of the peace in and for the faid county ^ upon the oath of A. W. a credible witnefs, for that he the fuid A. O. [Here fet forth the offence] contrary to the flatuie made in the thirteenth year of the reign of his majejiy king George the third " For the amendment and prefervation of the highways^' [If it is a turnpike offence, then fay, " For regulating the turnpike reads"] by reafon whereof the faid A. O. hath forfeited the fum of' . And whereas on the day of in the year aforefaid, I did iffue my warrant to the conjiable of • to levy the faid fum of by dijhefs and fale of the goods and chattels of him the faid A. O. and to dijirilute the fame according ts the direiiions of the faid flaiute : And whereas it duly ap- pears to me upon the oath of the faid (conftable) that he the faid hath ufed his beft endeavours to levy the faid fum on the goods and chattels of the faid A. O. as aforefiid^ but that no fufficient dijlrefs can be had whereon to levy the fame : Thefe are therefore to command you the f aid conjiable of afore- faidy to apprehend the faid A. O. and him fafely to convey to the common gaol [or, houfe of corre-^ion] at in the faid county^ and there deliver him to the keeper thereof together tvith this precept. And I do hereby alfo command you the faid keeper y to receive and keep in your cu/iody the faid A. O. for the fpace of three months^ unUfs the faid fum Jltall be focmr Vol. II. O o • paid^, 578 paid^ purfuant to the faid cs7iv:5fion and warrant ; and for ' fo doing this Jhall be your fuffcient •ivarrani. Given under my hand and feal the ~ day of in the year of our Lord . In cafe of a commitment for want of payment of money due on an afleflment, it rauft be, — — to receive and keep in your cujlody^ until he JJjall have paid the faid fum of and the further fum of being the cofis and charges ouofioned by his negleol in paying the fame. h. Notice of appeal, y/ B. Take K:tice, that I intend to appeal to the next ge- neral quarter fejfuns of the peace, to be holden for the county of ■ againji an order [_conviiiion^ or other proceed- ing as the cafe may be, particularly fpecifying the purport of fuch order, &c. and affi^^^ning the grievance and caufe of ccmplaint.J Dated the — — day of I774- C. D, i. Order of turnpike truftees for ereding a weigh- ing engine. /jT a meeting of the.tr uflccs under an a^ Pafjtd in the • year of the reign of. for [Here recite the prin- cipal part of the title of the particular ad] held at the • day of - - 1774. In purfuance of the powers given to us by an a£l pnffed in the thirteenth year of the reign of his majejiy king George the third *' for regulating the turnpike roads," we do hereby order, that an engine proper for the weighing of carriages, of the con/iru^ions and weights fpecified in the faid a£i^ be forth- with ere£led at or as near as conveniently may be to the toll gate or bar now ers^cd upon the faid turnpike road at and that A. B. the treafurer (clerk, QX,farveyor)ofthefaid turnpike road do contract with fame proper per (on (or, with C. D. in cafe the truftees fliall think fit to name the perfon) for the making and ereSiing fuch engine, and do in- fpeSl and take care that the fa7ne is properly done. And tve do order the gate keeper at the faid gate or bar for the time being to attend thejaid weighing engine, and carefully to tvcigk all carriages paffi^g-, loaded upon the faid read, at the place where fuch engine Jhall he ereSfcd,Jogether with the loading thereof, and to take the fcveral additional tolls or rates for cveriveight, and give tickets of the weight of fuch carriages aud i^ig!)^jap?. 579 and loadings when required by the driver thereof, according to the dire^ions of the f aid oil ; and alfo to enter in a feparate book, to be kept by him for thatpufpofe, an account of every car" riage fo weighed^ which Jliall, with the loading, exceed the weights allowed by the faida£f, and account to us for the money rtce'tved for allfuch overiveight. Given under our bands — — . k. Allowance of an increafed num-ber of horfes drawing up a deep hill. /IT a meeting of the truflees of a turnpike road, under an a5lpaffed in the year of the reign of for [Flere ftace the principal part of the title of the a£i:] held et the ' day of I774* // appearing to us, upon the qath cf being aperfon expe- rienced in levelling, that the rife of part of a certain hill, upon the faid turnpike road^ lying in the pari jh of called or knovjn by the name of betiveen the pojt marked " Put on," and the poft marked " Take oft," being yards in length, is above 4. ir.ches in a yard; we do hereby allow to be drawn up the faid hill, between the pofls abovementioned, waggons having tht foles or bottom of the fellies of the wheels of the breadth of 9 inches vjith horfes, and carts having the like wheels with horfes ; end waggons having wheels of the breadth of 6 inches with horfes, and carts having the liJce wheels with horjes ; and %uagg,ons having wheels of lefs breadth than 6 inches with horjes, and carts having the like wheels with • — ■■ — horfes. If the whole rife be upon an average more than 4 inches in a yard, then fay, that the rife of a certain hill ;> upon an average above four inches 1. Certificate thereof to the feffions. T A, C. clerk to the truflees mentioned in the above order, do hereby certify to thejujiices of the peace for the of ot their general quarter feffions of the peace, that the above is a true copy of the order maae by the faid truflees for the purpofes therein mentioned. Dated this day of I774« m. Notice of contradins for materials. N OTICE is hereby gi'^en, that A, S. fwveyor of the turnpike road lying between • and will on the day o f ■ ' ntxt^ at tha hour of in the — — — . O o 2 noan^ noiNy let the getting of cart loads of gravel, [or,- efjlone']^ to be got at a pit at for the life of the [aid turn^ pike road, and zvillalfo let the carriage of the faid gravel [or Jlone'] from the faid pit to -where the fame is to he ujed and employed upon the faid turnpike road. And all per fans de- firoiis of entering into a contrast zvith the faid furveyor, either for getting or carrying the faid materials., are defired to attend at the time and place before mentioned. Dated this — — — day of 1774. n. Agreement with perfons obliged to particular repairs. /] T a meeting of the truflees of the turnpike roads under an aH pajfed in the year of the reign of for [Here ftate the principal part of the title of the aft] held at the day of 1774- Whereas A. B. of is liable by tenure (ox as the cafe fhall be) to the repair of a certain highvoay leading between • and — — of the length of — — yards or thereabouts^ and the faid highway being h'jw made turnpike road by virtue of the faidacl, will occafion a greater expence to make and keep the fame in proper repair^ than would have been neceffary if no fuch a5l had been obtained \ and the faid A. E. attending this meeting in per fan (or, byQ>. D. his attorney or agent authorifed to treat in that behalf) y the faid truflees and the faid A. B. iffc. in purfu- ance of a power given by an aSl paffed in the r 3//; year of the reign of king George the third '* For regulating turnpike roads'* have, in order to put and keep the faid road in proper condition and repair, come to the following agreement^ viz. That the faid truflees fhall, on or before the day of next, pay and allow the fum of out of the tolls arifwg upon the faid turnpike roads, towards putting the faid road into proper repair, to belaid out and expended by the furveyor of toe faid turnpike road; a'ld that the faid A. ^. foall advance and pay into the hands of the treafwer of the faid turnpike road, on or before the • day of next, the fum of to be alfo laid cut and expended by the faid furveyor in the repair of the faid road: And that fro7n and after the day of ' next, the faid turnpike road fhall be kept in repair by the faid trujiees cut ef the faid tolls as afore faid, fo long as the faid turnpike a£i fhall continue, upon the faid A. B. paying into the hands of their treafurer the fum of upon the - ■ ■ day of evi'-y year; which the faid A. B. doth hereby for hi nf elf and i:'.s heirs agree to pay accordingly, fo ioyg as the faid road fnall :e fo repaired by the faid trujiees as aforefaid. Or the fame precedent may be varied according ts circurrftances. o. Oriieai o. Order for the repair of a new highway. Middlefcix. JJ/-E two of his majejiy-s jujlices of the pence for the faid county, a£ling within the (hundred) of in the faid county^ having (at the re- -quefi of the parties interefted in the repair of part of the highway [or, turnpike road] hereafter mentioned^ who could not agree about the repair thereof) viewed a certain part of the highway (or, iurripike road) defcribed in the plan hereunto annexed of the length of yards, which hath been fet out and appropriated for a new highway (or, turnpike road) be- tween and ' in lieu of an old highway (or, turnpike road) which hqth been ordered to he flopped up ; and hav^ ing alfo viewed the ground where the faid old highway was fituated, and having fummoned the furveyor of the faid new highway (or, turnpike road), and alfo A. B. who was liable by tenure, &c. [If the old road laid in a different parifli, and was to be repaired by the inhabitants, then fay, and alfo the furveyor of the parijh of where the faid eld road lay, who were liable to the repair of the faid old highway [or ^ turnpike road)] to appear before us this day, and having heard what has been alledged touching the repair of the fat d part of the faid highway (or, turnpike road), and having fully confidered the fame, and all the circurnJJances of the cafe ; If^e think it jtijl and reafonahle, and do hereby order and adjudge, that the faid A. B. (or, the inhabitants of the faid parijh, ts'c.) /hall from time to time repair, and keep in repair, the whole (or, a part) of the faid highway, from . to containing yards in length, at each end whereof we have caufed a poji, or flone, to be placed, to afcer- tain the extent thereof. Given under our hands and feals this • ^ay of 1774- If it be agreed by the confent of parties, to pay a fum in grofs in lieu of fuch repairs, then, after the word ad- judge, infert, by and with the confent of the faid A. ^. ftgnified by his fubfcribing his name to this order (or, by the confent of the inhabitants of the [aid pari fh of fignified in writing at a veflry or other public meeting, a copy whereof is here under zvritten) that the faid A. B. (or, the inhabitants ) is (or, are) liable to repair pnrt of the faid new highway; and that if he (or, they) f jail, on or before the -^ day of next, pay to the furveyor s of the highivays of the faid par ifh of • [if it is not turnpilce road ; but if it be turnpilce road then fay, to the treafurer of the faid turnpike road] the fum f he the faid A. B, and his heirs, for, the faid • O o 3 \uhdbilants 582 J^igijtoaps. inhahitanis and their fuccejfors) Jhall be for ever acquitted and d'l [charged from the burden and obligation to repair the /aid mw highway or any part thereof. p. Agreement of the inhabitants to pay a grofs fujprj to be difcharged from the repair of a par- ticular road. T/f/'E whofe names are fuhfcribed, being a majority cf the inhabitants of the of ajfembled this ■ day cf at a vef}ry or public meeting held purfuant to no^ tice auly given, for the purpofes of confuhing about an agree- ment to be made concerning the repair of part of a highway, (or, turnpike road) within the f aid of do confent and agree to pay the J urn cf — to be abfolutely exonerated and difcharged from all future repairs cf the f aid highway (or, lurnpike road), — — Jf an annual paj^mencbe agreed upon, then fay, to pay annually the fum of . q. Order for transferring ftatute turnpike duty to other roads. Middlefex. JT a fpccial fcjfions held by jufiices of the peace for the faid county, aciing in the hundred of — within the faid couniy, at — — — on the day of 1774. Whereas application and complaint upon oath hath been made unto us, by A. B. furii?yor of the (parifh, he.) of that ih feve*-al highways, net being turnpike, within the faid • are very cxterfive, and in bad repair, and that a corfttier uhle part of the f.atuie duty arifing within the faid hath been called forth^ and required to be applied in the repair of certair% turnpike roads lying within the faid which are in good con- dition., and have a conf der able revenue for their fupporty arifng from the tells cofteSfed tkereupcr: : And we having duly fum- jnonedCT). the furveyor of the faid turnpike road, to appear before us, to foew caufe why the faid fiatute duty, called forth and applied by him to the repair of the faid turnpike road^ fhould not be withdrawn iherefroin, and applied to the repair of the ether highways tvithin the faid ——— ; and upon hearing the faid CD, and receiving an account of the revenues and debts cf the J aid turnpike read, and cf the f late and condition of the repair of the faid turnpike road and highway refpeBwely ; and it appearing to us, upon full conf deration had thereupon, that part of the fiatute duty hitherto emplcyed by the faid f.r the repair of the faid turnpike read, may be conveniently difpenfed wuhi i^omiciDe. s^s with, without inJangering the fecurities for the money adfuatued upon the credit of the tolls thereof ; and that fuch flatute duty is tvantedfor the repairs of the other hightuays within the faid ; we^ in ptirfuance of the poiver given to us by the aSl paffed in the thirteenth year of the reign of king George the third " For regulating turnpike roads^' do order, that from and after the day of next, there J}}all be only days flatute duty performed by the inhabitants of the faid upon the faid turnpike road within t^oefame, and that the remainder of the flatute duty Jhall be performed upon the other highways %uithin the faid . r. Notice for letting tolls. N' OTICE is hereby given, that the tolls artfing fit the tailgate upon the turnpike road at called or known by the name of the g<^te^ zuillbe let by auP.ion to the hefi bidder, at the hoife of at — — — on the • day of yiext; between the hours of ■ and ■ in the ?nanner dircSled by the a£l paffed in the thirteenth year of the reign of his majefly king George the third *' For regulating the turnpike roads i* which tolls produced the lafi year the fiim of above the expences ofcolleSiingthem, and will be put up at thatfum. Who- ever happens to be the beji bidder mu/i at the fame time give fecu- rity, with fiifficient fiireties, to the fatisfaSiion of the trtflees of the faid turnpike road^ for payment of the rent agreed for, and at fuch times as they Jhall direii. A. C. clerkto the triifiees of the faid turnpike road. Highwaymen. See KoblJCCp. HOMICIDE in law fignifies the killing of a man by a man. i Haw. 66. And it includes in it, not only petit treafon, concerning which fee titJe SrcafOH ; hut alfo the feveral offences which are treated of in the following feilions. There is alfo another kind of untimely death of a man, not properly homicide : When he is killed by a horfe, a cart, a tree, or the like, and not by a man ; which is called cafual death ; for which fte tiile ^CoDant». O o 4 /. JuJiifiabU 584 ^;mtcfi;e. /. JuJliJiahU homicide. II. Ho'inicide by mi/adventure. III. Homicide by f elf defence. IF. Manflaughter. V. Murder. VI. Self-murder. 1. Jufllfiable homicide. , ,f I. To make homicide iuftifiable, it muft be owir.s; to On a real neccf' i* * ., ,, « -' .• ! , r 1 1 •,, fity. Killing robbers and burglars. Trefpaflers in parks. fome unavoidable neceffity, to which the pei Ton who kills another muft be reduced, without any manner of fault in himfelf. i Haw. 69. And there muft be no malice coloured under pretence cf neceflity ; for wherever a perfon who kills another, adxs in truth upon malice, and takes occsfion ffom the appear- ance of neceility to execute his own private revenge, he is guilty of murder, i Haiv. 6g. 2. If any evil difpofcd perfon (hall attempt felonioufly to rob or murder any perfon in any dwelling houfe or highway, or felonioufly attempt to break any dwelling fuch felo- hcufe in the night time, and fhall happen in nious intent to be flain ; the flayer fliall be difcharged, c. 5. warren, or 1 not ren- Rioters. Houfeburners. Raviihers. Felons refufing to be axrefted. and fliall forfeit no lands nor goods. 24 H. 8 3. If trefpaflfers in a foreft, chafe, park, or any inclofed ground wherein deer are kept, wi der themfelves to the keepers, upon a hue and cry made to fland to the king's peace, but fly from, or defend themfelves againft them, they may be flain by thtm. I Haw. 71. 4. If rioters, or forcible enterers or detainers, fl:and in oppofition to the juflices lawful warrant, and any of them is flain; it is no felony. Hale's PI. 37. 5. If a man comes to burn my houfe, and I fhoot out of my houfe, or ifTue out of m.y houfe, and kill him j it is no felony. Hale's PL 39. 6. If a woman kill him that aflaulteth to ravilh her; it is no felony. Hale's PI. 39. y. If a perfon having ad^uallv committed a felony, will not fufFer himfelf to be arrefted, but Hands on his own defence, or flies, fo that he cannot poflibly be apprehended alive by thofe who purfue him, whether private perfons, or publick officers, with or without a warrant from a ma- giftrate 3 he may be lawfully flain by them, i Huw. 70. 8. So -e. 585 8. So if a felony hath actually been committed, and an Sufpefled felon officer or minifler of juftice, having lawful warrant (o to lefufing to be do, arreft an innocent perfon, and fuch perfcn aflauk the *^'^^ * * officer or minifter oi^ juflice ; the officer is not bound by law to give back, but to carry him away j and if in exe- cution of his office, he cannot otherwife avoid it, but in flriving kill him, it is no felony. And in that cafe, the officer or minifter of juftice fhall forfeit nothing ; but the party who fo aflaulted or offered to fly away, and is killed, Ihall forfeit his goods. 3 I;i/?. 56. 9. Alfi» if a perfon arrefled for fclnny, break away from Felon efcapln^. his condudtors to gaol, they may kill him, if they cannot otherwife take him. But in this cafe likewife, there muft have been a. felony adually committed. HaU's PL 36, 37- 10. Alfo if a criminal endeavouring to break the gaol, Felon breaking aflault his gaoler, he may be lawfully killed by him in the s^°'- affray, i Haiv. 71. 11. Jn civil caufes; Although the fheriff cannot kill Refilling a civil a man who flies from the execution of a civil procefs ; P'^'^'^^^^* yet if he refill: the arrefl;, the flierifF or his officer need not give back, but may kill the affailant. Hale's PI. 37. So if in the arreft and ftriving together, the officer kill him, it is no felony. Hale's PL 37. 12. In all thefe cafes the party upon arraignment having Trial and dif- pleaded not guilty, the fpecial matter niu'ft be found ; chaige. whereupon the party fhall bedifmiffed, without any for- feiture, or pardon purchafed. Hale's PL 38. //. Homicide hy mi/adventure. 1. I have purpofely avoided the word chancemedley in this Chancemedley. place, becaufe authors do not fccm to be agreed whether k is to be applied to homicide hy ml [adventure^ or to man- Jlaughter, Ld. Coke and Mr. Hawkins feem to underftand it of rnanJJaughter ; Ld. Hale, and others, of homicide hy ml/adventure. The original meanina: of the word Teems to favour the former opinion, as it figiiifies a fudden or cafual meddling or contention ; whereas hoir\\c\dt I^y mlfadventure fuppofeth no previous meddling or falling out. But the fame author fometimes in different places, applies it to both of thsm prcmifcuoufly, 2. Homicide by mifadvcnture is, where a man is doin» Wh^t is h.>mi- a lawful aa, without intent of hurt to another, and death ^'''^ ^^ ""'''"' _ r 1' r rr I > 7-17 Venture. calualiy enfues. Hales PL "^i. 3. As whcrei a labourer being at work with a hatchet. Cafes of homi. the bead flies 0.^, and kills one who (lands by. i Haw. ci^ie "y mifaJ. ^ J ^ ventviie. 4. Or 5^6 i^ormci&e. 4. Or where a third perfon whips a horfe, on which a man is riding, whereupon he fprings out and runs over a child, and kills him ; in which cafe the rider is guilty of homicide by mifadventure, and he who gave the blow of manflaughrer. i Haw. 73. 5. But if a perfon riding in the ftreet whip his horfe to put him into fpccd, and run over a child and kill him, it is homicide and not by mifadventure ; and if he ride fo, in a pref; of people, with intent to do hurt, and thehorfe killeth another, it is murder in the rider, i H, H. 476. 6. If a perfon drives his cart carelef-ily, and it runs over a child in the ftreet, if he have feen the child, and yet drives on upon him, it is murder; but if he faw not the child, yet it is manflaughter ; but if the child had run crofs the way, and the cart run over the child before it vva£ pcliible for the carter to make a ftop, it is by mifad- venture. I hL H. 476. 7. So where workmen throw ftones, rubbifh, or other things, from rn houfe, in the ordinary courfe of their bufmefs, by which a perfon underneath happens to be killed ; if they look out and give timely warning to thofe below, it will be homicide by mifadventure ; if without fuch caution, it will amount to manfiaughtcr at leaft, it was a lawful afl-, but done in an inriprop-r manner. It is Caiu by, fonse, that if this he done in the ftreets c^x Londm, or other populous town, it will be manflaughter not- withftaoding the caution above mentioned. But this will admit of fome limitation. If it be done early in the morning, when few or no people are llirring, and the ' ordinary caution is n['e6^ it feemeth that the party is ex- cufable. But when the fireets are full, that will not fuiEce ; for in the hurry and noife of a crouded flreet, few people hear the warning, or fufficiently attend to it. Foji. 262, 263. 8. It is faid before, that this homicide is only when it happeneth upon a man's doing a lawful a£l; for if the a(51: be unlawful, it is murder. And if a perfon, meaning to fieal a deer, in another man's park, fhooteth at the deer, and by the glance of ths arrow killeth a boy, that is hidden in a bufh ; this is murder, for that the act was unlawful, altho' he had no intent to hurt the boy, nor knev^r of him. But if the owner of the paik had {hot at his own deer, and without any ill intent had killed the boy by the glance of his arrow, this had been homicide by mifadventure, and no felony. 3 InjL 56. g. So if any one flicot at any wild fowl upon a tree, and the arrow killeth any reafonable creature afar off, without ^otnitilt. 587 without any evil intent in him, this is by mifadvcnture ; for it was not unlawful to flioot at the wild fowl. But if he had fliot ata cocker a hen, or any tam,e fowl of another man's, and the arrow by mifchance had killed a man ; if his intention was to fteallhe poultry (which muft be col- lefted from circumftances), it will be murder by reafon of that felonious intent ; but if it was done wantonlv, and without that intention, it will be barely manilaughter, FoJ?. 258, 9. 10. The rule before laid down fuppofeth, that the a6l from which death enfued, was malum in fe. For if it was barely malum prohibitum^ !t^ fhooting at game by a perfon not qualified by ftatute law to keep or ufe a gun for that purpofe ; the cafe of a perfon fo offending, will fall under the fame rule as that of a qualified man. For > the ftatutes prohibiting the deflrudlion of the game, under certain penalties, will not in a queflion of this kind en- hance the accident beyond its intrinfick moment. Fojl. 259. 11. Further, if there be an evil intent, the' that intent extendeth not to death, it is murder. '^I'.ius, if a man, knowing thst many people are in the ftreet, throw a ftone over a wall, intending only to fright them, or to give them a little hurt, and thereupon one is killed, this is nruxrderj for he had an ill intent, tho' that intent extended rot to death, and tho' he knew not the party flain. 3 12. And it is a general rule, in cafe of all felonies, that wherever a man intending to commit one felony, happens to commit another, he is as much guilty as iT he had intended the felony which he afcually commits, I Haw. 74.. 13. But in all the cafes abovp, if it doth only hurt s man, by fuch an accident, it is neverthelefs a trefpafs ; and the perfon hurt fhall recover his damages; for tho'' the chance excufe from felony, yet it excu(eth not from trefpafs. I if. //. 472. 14. If a peifon efcape that hath killed another by mif- Efcspe. adventure, the townfiiall be amerced. 2 InjL 149. 15. This homicide is not felony, becaufe it is not ac- t^^s k'.r.d of companied with a felonious intent, v/hich is neceflary in '■°'i^'<:'"^= "• every felony, i Havj. 75. felony.^ 16. But yet a perfon guilty thereof is not bailable bv ^.rA juftices of the peace, but muft bs committed to the affizes. 1 Ilaw. 75. But if he is taken only on a flight fufpicion, the jufticei cf the peace may bail him. 2 Haw, 105. .17, Aitho' 5^8 ' i^omicifie. Forfeiture. 17» Alcho' thIs homiciile is not properly a man's crime, but his misfortune ; yet becaufe the king hath loft his fub- y^\, and in refpe^l of the great favour the lavy hath to the Jifeofman, and to the end that men fhould ufe all care, diligence, and circumfpedtion in all they do, that no hurt fllnuld Come of their actions, a perfon convided hereof fhall forfeit his goods, and Oi.li notpreiently be difchargtd of his imprifonnient, hue bailed, that he may fue out his pardon, whii;h he ihall nave o'ut of the chancery cfcourfe. I H. H. 477, 492. .1 Haw. 76. ///. Homicide by Jelf- defence. Sedttendendo, I. Homicide in a man's own defence feems to be, where '^'^'^^' one who h.ith no other prffible means of preferving h s life from one who combats with him on a fudden quarrtl, k.lls the pftfon by v/hom he is reduced t'j fuch an inevi- table neceffity. i Haw. 75. Cafes rf fe it. 5-- -And not only he, who upon an afl'ault retreats to a jc-jt.eii )o. wall, or fome fu( h Orait, beyond which lie can go no far- ther, before he iclls the other, is judged by the law to a£l upon unavoidab'e neceffity ; hut alio he, who being af- fau'ted in fuch a manner, and in fuch a pFace, that he can- not go back wirho'Jt manifeftly indangering his life, kills the othrr without retreating at all, i Haw. 75. 3. And noiwithftanding a perion who retrtrats from an ^fiault to the wall, give the other wounds in his retreat, yet if he give him no mortal one till he get thither, and then kill h;m, he is g'^ilty of homicidey^ defendendo only. 1 Haw. 75. 4. Kutif the mortal wound v/«s firft given, then it is jTianflau^hrer. Haic's PL £^2, 5. And an oflicer who kills one that refifis him in the execution of his office, and even a private perfon that kills one who feloniouily affdults him in the highway, may jull'fy the fa6i. Without ever giving b^ck at all. I Haw. 75. 6. But if a perfon upon n\d,\\QS prepenfe ftrike another, snd then fly to the wall, and there in his own defence kills the othff, this is murder. Hale's PI. 42. Atrceudiies. 7. Hereof there can be no accefiaries, either before or after the a£t, hecaufe it is not done with a felonious in- tent, but upon inevitable neceffity. 3 /*?/?. 56. Ifcape, 8. If a man e-fcape, that haih killed another in his own dc(ci;cc, the town fhull be amerced. 2 Ir/}. 315. Bari. o. A perfon guilty hertof is not bailable by juft'ces of the peace ; but they mull commit him t:l) the affizes. I Haw. 76, Eut But otherwife it is, if he is taken only on a flight fuf- picion. 2 Haw. 105. 10. Lord Coke^ (2 /«/?• 316.) fays, that the juflices of Pcwer of j^jf- the peace cannot take an indidment of killing a man y> ^'J;"„^^ ^°' defendendo ; becaiife their cornmifTion is not general, as is that of the juftices of gaol delivery, but limited: But lord Hah {1 H. H. 46.) holds the contrary. 11. A perfon convi£ted hereof, (hail not be difcharged JPorfeUur« out of prifon but upon bail, and fliall forfeit all his goods, alfho' the caufe was inevitable. And this becaufe of the v great regard which the law hath for the life of man ; and alfo by reafon that the l^w intends it had a beginning upon an unlawful caufe : for quarrels are not presumed to grow without fome v/ron»s in words or deeds, and fo malice on both fides. But he fhall have his pardon out of the chancery of ccurfe. 3 Injl. 56. i Havj. 76, 12. If a man be indidted for homicide fe defendendo^ and Fliglit» is found not guiltv, yet if it be found that he fled for the fame, he (hall forfeit his goods for fuch flight, in not (landing to the law of the land, i H. H, 493. IV. Manjlaughter, 1. By manflaughrer is to be underftood fuch killing of Manflaughter, a man as happens either on a fudden quarrel, or in the ^'"'^f- conimifiion of an unlawful aft, without any deliberate in- tention of doing any mifchief at all. 1 Haiu. 76. 2. There is no difference between murder and man- Withoutma- flaughter, but that murder is upon malice forethought, and ^'"' manflaughter upon a fudden occafion. As if t'^vo meet together, and ftriving for the wall, the one kill theother, this is manflaughter and felony. And fo it is, if they had upon that fudden occafion gone into the field and fought, and the one had killed the other, this had been but manflaughter, and no murder; becaufe ail that followed was but a continuance of the finl fudden occafion, and the blood was never cooled, till the blow was given. 3 In/}. 55. 3. inhere can be no accefl^aries to this offence before ^cceflanes, the faft, becaufe it mull: be done without premeditation. I Haw. 76. But there may be acceflfaries after the fact. 3 Injl. 55. 4. This ofFence is not bailable by juitices of the peace. Bail. 3 Ed.u c. 15. 5. h is within the benefit of clergy ; but the ofFc^nder Clergy. flidJl forfeit as in other felonies. 2 //. H. 314. 6. But there is one kind of manflaughter, which by Stabbing, the ftatuie of the i J. c. 8. is excluded ijvs benefit of clergy ; clergy; -viz. He who (hall (lab or thrufi: any perfon that hath not then any weapon drawn, or hath not then ftricken firft, fo as the perfon fo ftabbed or thruft (hall die thereof in fix months, altho' it cannot be proved that the Tame was done of malice forethought, (hall be guilty of felony without benefit of clergy. F. Murder. 1. Murder is, when a man of found memory, and of the a^e of difcretion, unlawfully killeth any perfon under the king's peace, with malice forethought, either expreflT- ed by the party, or implied by law ; fo as the party wounded or hurt, die of the wound or hurt, within a year and a day. 3 Ik/I. 47. 2. By malice expreffed^ is meant, a deliberate intention of doing any bodily harm to another, whereunto by law a perfon is not authorifed. i i/. //. 451. And the evidences of fuch a malice muft arife from ex- ternal circurr.flances difcovering that inward intention j as lying in wait, menacings antecedent, former grudges, de-iiberate compaflings, and the like, which are various, according to variety of circumftances. i H. H. 451. 3. Malice implied is in feveral cafes: as when one vo- luntarily kills another, without any provocation ; for in this cafe the law prefumes it to be malicious, and that he is a publick enemy of mankind, i H. H. 455, 456. 4. Poifoning alfo implies malice, becaufe it is an a6l of deliberation, i //. H. 455, 5. Alfo when an officer is killed in the execution of his office i it is murder, and the law implies malice, i H. H. 457- 6. Alfo where a prlfoner dieth by durefs of the gaoler, the law implies malice, by reafon of the cruelty. 3 Inji. 7. And in general, any formed defign of doing mifehicf may be called malice, and therefore not fuch killing only as proceeds from premeditated hatred or revenge againfi the perfon killed, but alfo in many other cafes, fuch as is accompanied with thofe circumftances that (hew the heart to be perverfely wicked, is adjudged to beof malice/>;Y/)^«/^, and confequently murder. 2 Haw. 8c. Strange 766. For when the law makes ufeof the term malice afore- thought^ as defcriptive of the crime of m.urdsr, it is not to be underftood in that narrow reftrained fenfe to which the modern ufe of the word mnl'ce is apt to lead one, a principle of malevolence to particulars j for the law by the 2 term 591 term mcilice (tnditia) in this inftance meaneth, that the fait hath been attended with fuch circumilances, as are the ordinary rymptoms of a wiciced heart, regardiefs of focial duty, and fatally bent upon mifchicf. Foji. 256, 7.. 8. And wherever it appears that a man killed another, it fnall be intended prima facie that he did it maliciouily, unlefs he can malce out the contrary, by fliewing that he did it on a fudden provocation, or the like, i Hazu. 82. 9. Alfo wherever a perfon in cool blood, by way of re- venge, beats another in fuch a manner that he afterwards dies thereof, he is guilty of murder, however unwilling he might have been to have gone fo far. i Hatu. 83. I o. And it feems to be agreed, that no breach of a man's word or promife. no trefpafs either to lands or goods, no afFront by bare words or geftures, however faHe or mali- cious it may be, and aggravated with the moft provokin^r circumilances, will excufe him from being guilty of mur- der, who is fo far tranfported thereby, as immediatelv to attack the perfon who offends him, in fuch a manner as manifeflly endangers his life, without giving him time to put himfelf upon his guard, if he kills him in purfuance of fuch an afiault, whether the perfon llain did at all fight in his defence or not. i Haw. 82. 11. If a man by harfli and unkind ufage put another into fuch a pafTion of grief or fear, that the party either die fuddenly, or contrail fome difeafe whereof he dies, though this may be murder or maniliughter in the nght cf God, yet in a human judicature it cannot come under the judgment of felony, becaufe no external a6l of vio- lence was offered, whereof the law can take notice, i H. H. 429. 12. If two fall out upon a fudden OLcafion, and agree to fight in fuch a field, and each of them go and fetch their weapon, and go into the field, and therein fight, and the one killerh the other, this is no malice prcpenfed j for the fetching of the weapon, and going into the field, is but a continuance of the fudden falling out, and the blood was never cooled. But if there were deli- beration, as that they meet the next day, nay though it were the fame day, if there were fuch a competent diflance of time, that in common prefumption, they had time of deliberation, then it is murder. 3 InJ}. 51. i H, H. 453- 13. And the law fo far abhors all duelling in cold blood, that not only the principal who ad^ually kills the other, but alfo his feconds, are guilty of murder, whether they fought or net. And it is holdc^i, that the fecon.ds of the patty 592 3^Dm'fi- 53- 22. Where any perfon ftiall be felonioufly ftriken or V/here the poifoned in one county, and die in another county : thef' ^'"°"l rr , I • , r. 1 • I L i count>,and thc oftender may be mdicted in the county where the party death in ano. dies, before the coroner, juftices of the peace^ or other "^her. juftices. 2 Csf 3 Ed. 6. c, 24. f. 2. 23. Where a murder is committed in one county, and Wheretheprin- a perfon is acceftary in another county, he maybe j^- "^'Pf' "'""'I'^- i-Vi ■ • ■ » . h- -r teth the oftence didted in the county where he was acceilary, on certincate in one county, of the convidiion of the principal in thc county where he and the acceQa- committed the murder. 2 ^ 2 ^d. 6. c. 24. /. 4. '^ '" "'"'^'''' 24. If any perfon be felonioufly ftriken or poifoned Where the upon the fca, or out of England^ and fiiali die of the fame f^'i^j'^nd'^h"** in England; or ftiall be felonioufly ftriken or poifoned in death out of England^ and ftiall die of the fame on the fea, or out of England ; and England 'y the offenders and acceffaries maybe indidied ^""^ ^'"' *' in the county where any fuch death, firoke, or poifoning ftiall happen, before the coroner, juftices of the peace, or Vol, II, P p other 594 ^cmici&e. meaned after judgment, Other juftices ; 2nd the judges of afiize, cr any fuperlof court, to which the iiidicSlment fliall be removed, fliall proceed thereon accordingly. 2 G. 1. c. 21. Trial J when. 25. If a man be flain or murdered, and the flayers, murderers, and accefl^^ries be indi«5ted, they may be tried at any time within the year, and not tarry the year and day for an appeal : but if upon trial they are acquitted, they fiial! not be fuffcred to go at large, but be committed or bailed, tiil the }ear and <]ay be paft : and an appeal n^ay be brought, notwithftanding fuch acquittal on in- indi£lment, if be hath not had his clergy. 3 i:f . 7. r. 1. JudgTnent. 26. Sentence in cafe of m.urder, fhall be pronounced in open court immediately after conviciion, unlefs the court fhall fee reafonable caufe for poftpcning the fame; in which fhall be exprefTed not only the ufual judgnienC of death, but alfo the time appornted for execution, and the marks of infamy directed for fuch ofrenders. 25 G. 2. c. 37. /: 3. How to be de- 27. And after conviction and judgment, the gaoler fliall confine the prifoner tofome cell, cr other proper and fafe place in the prifon, apart from the other prifoners; and no perfon, except the gaoler, or bis fervants. fhall have accefs to him, without a licence from the judge, fnerifF, or under fheriff. But if the judge fhall fee caufe to refpite the execution, he m.ay, during the time of fuch flay, relax, or releafe, by licence under his hand, any or all of the reflraints or regulations before directed to be obferved by the gaoler. 25 G. 2. c. 37. / 6, 7. And after fentence, and until execution, the offender fhal! be fed with bread and water only (except in cafe of receiving the facranient ; or of any violent ficknefs or wound, in which cafe feme known phyfician, furgeon, or apothecary may be admitted by the gaoler to adminifter neceflaries, his name and place of abode being firfl entred in the books of fuch prifon). And if the gaoler fhall OiFend againfl, cr negleiSt' to put in execution, any cf the faid diiection? J he l]';2ii forfeit h:s < See, and be fined 20 1, and iroprifoned till paid. Id.f.^. txecution. 28. The execution of perfons found guilty cf wi;.*"ul murder, fnall be on the day next but one after fenience ptfTed, unlefs it be Sunday, 2nd in that cafe en the Monday folJowirg. 25 G. 2. c. 37- /• I. But if there fhall appear reafonable caufe, the judge after fentence pronounced, may flay the execution at his dii'creticn. Id. f. ^, ^',ff;ue, 29. And if any perfon fiiall by force fct at liberty or refcue, or attempt to fet at liberty, or refcue, any perfon I out <5ui of prlfon, committed for, or found guilty of fnurder; or refcsie, or attempt to refcue any fuch perfon going to, or during execution 5 he fliall be guilty of felony withouc benefit of clergy. 25 G. 2. c. 37. f. 9. 30. Tiie body, if in Z(J«(/o« or Middlefex, fliall be im- 2ody not to be mediately conveyed by the (herifF, to the furgeons hall, '^ or fuch other place as the furgeons company fliall ap- point, to be by them diffeiSled and anatomized; and if elfevvhere, fhallbe delivered to fuch furgeon as the judge fliall direct, for the purpofe aforefaid. 25 G. 2, c. 37. And the judge may dire£l the body to be hung in chains., or anatomized; buc in no cafe v/hatfoever to be buried, uiilefs after the fame fliall have been difl'eded and anato- mized, f. 5. At a meeting of the judges to confider of this acl, there was fome doubt whether hanging in chains might ever be itiade part of the fentence ; but on debate it was agreed by nine judges, that in all cafes within the aa of de- tinue or replevin for the fame. 1 1. And if any horfe fnall be ftolen, and after Hiall be CiP; where the fold in open fair or marker, and the fa!e fhall be ufsd in h^-^-/^^^' ^''^ ail points as aforcfaid, yet neverthetefs fuch iale in lix t^ed. months after the felony done, fiiall not take away the owner's property, fo as claim be mide in fix months, where the horfe fhall be found, before the mayor, if i;) a town corpqrate, or elfe before a juftice near the place where found, and fo as proof be made before fuch magif- trate in 40 days next eni'uing by two witne{r:?s, that the property of fuch horfe was in the party claiming, and was Ifolen from him within fix months next before fuch claim ; but the party from whom the fame was ftolen, may at all times after, notwithftanding fuch fale, take again the faid horfe, on payment, or readinefs to offer to the party who hath pofiefTion, fo much as he fhali fvvear before fuch magiflrate, that he paid for the f-inie. JIT. Killing or maiming hor/es in the night. 1. By the 22 ^ 23 C, 1. c. 7. Where any'perfon fiiall Killing, in the nisht time malicioufly kill or deftroy any horfes; he fliall be guilty of felony, ?nd may be tranfported, by three juftices in feflions, for feven years. 2- And if any perfon fhall in the night time malicioufly Maiming. wound or hurt any horfes ; he fhall forfeit to the party grieved treble damages, to be recovered by a£tion at law, or before three juftices, IV. Regulations for jlaughtering horfes. By 26 G. 3. c. 71. Every perfon who fhall keep or Licence to be ufe any houfe or place for the purpofe of (laughtering any taken at the j horfe, mare, gelding, colt, filly, afs, mule, bull, ox, cow, heifer, calf, Iheep, hog, goat, or other cattle, which Jh all not be k; lied for butchers meaty fiiall takeout a licence at the quarter feflions, which (hall be figned by the juftices at fuch feflions ; upon a certificate under the hands and feals of the minifter and churchwardens or overfeers, or of fuch minifter and two fubftantial houfe- holders of the parifli wherein fuch perfon Ihall dwell; that he is fit and proper to be trufted with the carrying oa fuch bufinefK. And if fuch licenfed perfon fhall die, his widov/ or perfonal reprefentative may carry oa the fdi4 bufinefs until the next feflions. / i, 2. P p 4 And 6oo i^orM Bcok to be And a copy of the licence (hall be entered in a bock to ^^?'' be kept by the clerk of the peace for that purpofe; which book any perfon may infpetfl, and make extracts there- from, betwein the hours of ten and twelve in the^ fore- noon [Sun Jays excepted), paying for the fame "6 d. f. 2. Certain words And every perfon fo licenfcd, fhall caufe his name and to be pu: up. the woids Licenfed for J/aughieriKg horjcs purfua;7t to an ail pa [fed in the 7.bth year of his majejly king George the tkird^ to be painted or fixed over the door or gate of the i)oufe or place where he (liall carry on the faid bufinefs, in large and legible charafters. Id. Infpe£lorsto be And fuch parifliioners as by law are entitled to meet in appointed, and yeflrv to choofe parifh cfficcrSj flial! annually or oftener, their names put •: c . ■ r sx r \. s\ u appomt one or more perions to inipcct every luch llaugh- tenng houfe ; and the infpedor flirtll caufe his name^ and the words Infpe^or of houfes and peaces for faughtering borfs- to be put over his door where he refides. f. 5. Inipeftor'sduty. And every fuch licenfed perfon, ihali give fix hours notice in writing to fuch infpciStor, previous to his killing any horfe or other cattle, and if brought dead, previous to the flaying thereof, to the intent that the infpedtor may attend and take an account and defcription of the height, age, colour, and marks of every fuch horfe, mare, gelding, colt, filly, afs, or mule; and the colour and marks of every cow, ice. brought alive to be killed, or brought dead as aforefaid j and the fame fliall not be killed or flayed but between the hours of 8 in the morning and 4 in the evening between the laft of Sept. and the ift of April ; and 6 in the morning and 8 in the evening, be- tween the laft of March and the ift of OiSober yearly. And the infpedor fhall keep a book and enter fuch de- fcription therein, and every perfon carrying on fuch bufi- nefs, fhall pay 6d for every entry: And all perfons may have acccfs to fuch bock between the hours of 8 in the morning and 5 in the evening from the ift of October to the laft of March, and between 6 in the morning and 8 in the evening during the other fix months, paying 6d for every in fpctlion. And if the infpeclor fhall have reafon to believe that any horfe, &c. is free from difeafe and in a found and ferviceable ftate, or hath been ftolen or unlawfully come by, he may prohibit the flaughter- ing thereof for any time not exceeding 8 days, and in the

- -> _ , '^ UJ M ^ ' which by authority of an ad, made in the 2^th year of the reign of king George the thirdy for transferring the receipt and management of certain duties therein mentioned, from the commiflioners of excife, and the commiilioners of ftamps re-fpedlivelv, to the commiflioners for the affairs cf taxes ; / will charge all perfons according to the brjl of my faill and knowledge. And if any perfon ihall prefume to ac^, before he fhall have taken fuch oath, he fhall forfei: 20 1. / 18. Notice to per- And every p.flxflTor fhail, within 14 days after his ap- fsnjkeeping pointment, give or leave at the dwelling houfe of every a lifl 'hsreot"! " P-t^on \vith;n his limits keeping any horfe liable to the faid duty, notice in writing requiring them to produce within fourteen days next enfuing the day of giving fuch notice a lift in writing of the numberof horfes liable to the fa;d duty kept ar.d uled by him -.v-ithin fuch limits, the fetid lift to contain the greateft number fo kept and ufed by 6c7 l>y him, in the courfe of the year ending on the 5th day ^^lif> dialN^- of April preceding fuch notice ; and every perfon fhall, Je,!;'ak"tf'ior after fuch notice fo given or left, make out the faid lift if no i'liiis dc- accordincflv, and fiarn the fame with his own hand, and ''^'.='^'^' the deliver u to the allelicr, at an/ time after 14 days from 3,j ^^^-^jj-^g^^^^ I'uch notice, when he (hall call for the fame : And if any perfon, (liall neg!e£t or refufe to make out, fign, and deliver fuch lift, within the time before mentioned, he (hall forfeit 10 1; and the aflclTor fhal!, from the beft in- „., . formation he can obtain, make an afiefTment upon fuch be appeakd"'^ '^^ perfon, of the number of horfes liable to the faid duty, atainft. io kept by him ; and fuch afleirment fhall be final' and conclufive upon the perfon thereby charged, whofhajl not be at liberty to appeal therefrom, unlefs he ihall piove, that he was not at his dwelling houfe, at the time of the delivery oF fuch notice, nor between that day and the time limited for delivering the lift to the afleffor ; or un- lefs he ih.ill alledge and prove fuch other excufe for not having delivered the fame, as the faid commiffioners fhall think reafcnable and fufficient. /. 20, 27. Neverthelcfs, the aflefiors fhall not be bound by fuch Adt-nore arc not lifts To delivered to them as aforcfaid, but fhall be at 1^°""'' ^^ ^"^*^ liberty, if they find any horfe omitted therein, to fur- charge the fame, and make a true afleflment upon every per- fon keeping fuch horfe within their refpeitive diftrifts, of the real number of horfes kept by each fuch perfon. f. 24. And if any alTeffor, furveyor, or infpedlor, fliall make Horfes omlttea a furcharge in refpecSt of any horfe omitted in fuch lift, '" '""'^^ iKts to fuch furcharge Oiall be made after the rate of double the P'^' *'''"''''= '^"'y' duty, fo omitted, one half whereof fhall go to the per- fon making fuch furcharge. f. 28. And by 26 G. 3. c. 79. no perfon who fliall keep any Horfes exemttti horfe which fhall be uied truly, and without fraud, for ^"^ ^'■°'" '^'^'^ the purpofe of huToandry, or drawing any carriage (ex- cept fuch as arc liable to excife duty), or carrying bur- dens in the courfe of the trade or occupation of the owner thereof, fhall for fuch horfe be chargeable with the daty, in cafe fuch horfe fhall not be ufcd for any other purpofe of riding, except in manner hereafter mentioned ; that is. to fay, (i.) When returning from anyplace to which sny load fliall have been by iuch horfe drawn or carried, or in going to any place from whence any load fliall be brought bick by fuch horie : (2.) Or on account of fuch horfe having been ufcd for riding to procure medical affiftance : (3.) Or for the purpofe of riding to or frtxu market: (4.; Or to or from any place of publick wor- ship : (5.) Or to or from any election of members to hxvz eos i^o>fcs. firrvs in parliament: (6.) Or to or from ?ny court of jufiice, or meetings of the rommifTioncrs of taxc«. f. j. t'oor excepted. And no duty ftidll be paid for any horft, the owner whereof by rcaf^n of his poverty, is exempted from the ufual taxes to church and poor. Id. f. 2. Pen'jns occupy- And TO perfon occupying a farm, the rent or va'ue ing farms uncer ^hepgof is lefs than 70 1 a year, and' making a livelihood folely thereby, fhall be chargeable with the duty for any horfe being occdfionally ufed for riding, provided fuch horfe be bona fide kept, and ufually employed for the pur- ' pofes of hufbandry. Id. f. i^, Ar,d if ac any time there fhall be a neglecl cf appoint- Where no aflef- r IT n- r ' n 11 i -x u . ■ • j fors arc appoint- ^^"^^ of alieilors, or if tney fhali negiect what is required ed, or nifgledl of them by this a£t, the furveyor or infpe61or of the i.\i- theirdjty. jj^g ^^ houfes and windows, are authorized and required to do and perform fuch, and the like fervices as are re- quired from fuch afTcfTurs. 25 G. 3. c, 47. f. 17. Horfes kept in And to the end that no perfon may pay the faid duties differentdi. in niorc di{lri 34- Penalties how Ail penalties above 20 1. are to be recovered in the po berecovered. courts at Weflmi nfter ; but penalties not exceeding 20 1. may be recovered before two juftices, on confefTion on oath of cne vi'itnefs by diftrefs, half to the, king and half to the perfon who (hall inform and fue for the fame ; and for want of fufficient diftrefs, the offender fhall be fent to "prifon for anytime not exceeding fix months, ncr kfs thf.n three months, f. 36, 39. Cor.ftabies to All conftables are to be aiding and afiifting in the exs- cbey the pre^ cution of this a£l, and are to obey and execute fuch pre- fommiffioners. cepts as (hall be to them directed by the faid commif- (ioners. f. 40. By 27 G. 3. c. 26. the duties on horfes let to hire for travelling poit may be let to farm. VII. Horfe dealers to be licenjed. By 24 G. 3. c. 'i,\. fejf. 2. every perfon exercifing the trade or bufinefs of a horfe dealer^ may in order to be ex- empted from the duty on horfes, take out a licence from the ftamp officers, for which he fhall pay, if within the bills 10 I, elfewhere 5 1, which licence fhall be renewed annually, ten days at leaft before the end of the year. And he (hall caufe the' words, licenfcd to deal in horfes^ to be put up in larc;e letters or characters, either on a lign hung out. or on fome vifible place in the front of hi? houfcf I^ojfeg. 6ii houfe, gateway, or ftable; and if he (hall fell any horfe without fixing fuch token, he ihall forfeit 5 1, to be re- covered in like manner as the penalties againft perfons ne- gle<5ling to pay for faddle and coaoh horfes. /^ i> 2, 3, 4. Warrant to apprehend a horfc ftealer. Weftmorland. •} To the ccnftable of ■ ■ PORJSMUCH as A. 1. f — - in the county of — "" yeoman, hath this day made information and complaint upon oath^ before me J. P. efquire^ one of his ma~ jefty' s jujlices of the peaci for the fat d county, that yejlerday in the night a black mare, the property of him the f aid A. I-. -was feloniouflyjiolen, taken, and carried away from and out of the grounds of him the f aid h..\, at aforefaid, and that hehath iuji caufe to fvfpsH, and doth fufpeSi , that A. O. late of — labourer, did felonioufly Ileal, take, and carry cway the f aid mare : Thefe are therefore to command you forth- vjiih to apprehend him the faid A. O. a»d bring him before me to anfwer to the faid information and complaint, and to be further dialt with according to law. Herein fail you not. Given under my hand and feal the <• 1 day of- -. iri the year of our Lord Or if the ofFence amounts to burglary, then the war- rant may be thus : Weftmorland. ^ To the conftable of ■ ■ pORAS MUCH as A.I. of in the county of — — • yeoman, hath this day made information and complaint upon oath, bcfre me J. P. efquire, one of his ma- jejly's jufiices of the peace for the faid county, that yefierday in the night the /I able of him the faid A. I. adjoining to the dwelling houfe of him the faid A. I. at afore- faid, was felonioufly and hurglarioujly broken cpen, and one black mare, the property cf him the faid A.I. felonioufly and hurglarioufy Jlolen, taken^ and carried away from thence j and that he hath jufi caufe to fufpeSf, and doth fufpeSl, that A. O, late of in the county aforefaid, labourer, the faid fe- lony and burglary did commit : Thefe are therefore to command you forthwith to apprehend him the faid A. O. and bring him before me to anfwer to the faid mfarmatim and com- plaint, and to he further dealt with according to law. Herein fail you not. Given under my hand and feal the — — day of ' in the year of our Lord--^- O q 2 f^C^fe 6l2 T~;A' the 13 G\ 2. f. 19, Whereas the great number of _3 horfe faces for fmali plates or prizes have contribut- ed very much to the encouraocment of idlenefs, and im- poverifiirr.ent of many of the mcsner fort of people, and the breed of ftrong and ufeful horfes hath been much pre- judiced thereby; it is enacted, that no perfon fha!] enter, irart, or run any horfe, fmare or gelding) for any prize, unlefs the fame fhall be hona fide his own property : on pain of forfeiting the fame, or the value thereof. Nor 'hall any one perfon enter and ftart more than one hcrfe for one and the fame prize ; on pain th»;c every fuch borfe (other than that, which was firft entred) fhall be for- feited, or the value thereof^ And no plate, prize, fum of money, or other thing;, fhall be ru'n for, or advertifed or proclaim.ed to be run for, unlefs fuch plate, prize, or fum of money, be of the real and intrinfic value of 50 1 or upwards: And if any perfon fhsll enter, ftart, or run, any horfe for any fuch plate, prize, or fum of money, under the value of 50 I ; cr ihall make, print, advertife, or publilh any advertife- ment of any fuch prize under the value of 50 1 ; every fuch perfon ib entering, flarting, or running fuch horfe, {hall forfeit 200 1, and every maker, printer, or pu*)lifher of fuch advcrtifemient, ftall forfeit 100 1. And no perfon iliall ftart or run any match for any fum of irfoney or other thing, unlefs it be at Nevjmarket or Black HamhUtcn^ or unlefs fuch fum or other thing be of rhe real and intrinilc value of 50 1 or upvi'ardsj on pain of 200i. The faid penalties to be recovered in the courts at Weft- minfrer or at the aflizcs, and be difpofed of, half to him that ihali {xiz, and hair to the poor of the parifh where the offence Taall be committed. And all t-'ms of money paid for entrance fhall go to the fecond bcft horfe. In the cafe of Bidmtad and Gale^ E. 9 G. 3. An adlion of covenant was brought upon articles to run a horfe match. The agreement was, that each fliould ftart his mare; and that if either fliould refufe or neg!e(it, he fhould forfeit and pay 25 1 to the other. So that it was a match for 25 I each fide, play cr pay : But the plaintiff was to pay the defendant 5 1 before hand, as a c 'nfideration to induce him to make the match. The d-fendant after- wards refufed to run the match. ' Whereupon the plain- tiff i^D^fe tcices. 6 1 j> tiff brought this adion againft Him, for the 25 1 ; 2nd af- figned the breach of covenant, in the defendant's not flartino his mare. The caufe was tried before Mr.Baroa Perroty who coniidered it as a niatch for 50 1, and direct- ed a vcrdidt for the plaintiff, with liberty to move in ar- reft of judgment. A motion in arrefl of judgm^fiiC was accordingly made. And after fome fmall altercation whe- ther this were within the ftatutes of gaming, the matter was reduced to this fingle queftion, whecher this was a match for 50 1, or for lefs than 50 1. If it was for Jefs than 50 1, it is prohibited by the ibtute of 13 G. 2. c. 19. which ena6ts, that no match, unlefs at Neiumarket or Black Hamhleton, ftall be run for any fum of money or other thing, of lefs value than 50 1. For the defend- ant it was urged, thst this was only a match for 25 I, as neither party could I'ofe more than that fum ; or, at the utmoft, a match for 45 1, as the total of both fitnis rilqued did amount to no more ; for there was no rifq-je remaininp- upon the 5 1 which the defendant had received from the plaintiff, and had fafe in his purfe, v/ithout pofllbility of Icfmg it upon this match. -The plaintiff's counfel ar- gued, that the fum run for was moft manifeftly 50 I ; and that the advancing 5I certain made no fore of diffe- rence. — The court as it turned upon the conftrudion of a general acl of parliament, took a few days to coniidcr. After which lord Mansjield declared that they were all of opinion, that. this was a match for 50 1, though the {takes were unequal, of which the plaintiff contributed 30 1, and the defendant 20 1 ; that is, they ftaked after the pro- portion of three to two. Burr. Alansf, 2432. And by 24 G. 3. c. 31, for every horfe entered to Duty fonace fiart or run for a plate, prize, fum of money, or other ^°'^'^^^* thing,, fliall be paid a duty of 2 1 2 s over and above all ether duties, /.I. And the owner of eveiy horfe entered as afurefaiJ, fhall 2I 2 s to te previoufly pay, to the desk of the courfe, or other perfon ^f"* ^"'' °"^ authorifed to make fuch entry, the fum of 2 1 2 s as the '^ duty for one year : Which if he negled or refufe to do, he ihall forfeit 20 1. /. 5. And the clerk of the courfe, or other perfon who fliall Duty o/th: receive fiich entrance money, fhall within 14 days after the receipt thereof, give an account of, and pay the fame, to the diftributor of the flamps, on pain of 100 1 for not delivering fuch account, and double the money due at the time of fuch default. And the diftributor fhall malcc him an ;;l]owance of j s in the pound for all niGnles ac- countt-d for and paid by him. / 6, 7. Q.q 3 All cierk of ihf cou rfe. 6 14 ^oik races* Penaitiss how All penalties and forfeitures may be recovered before e recovere . ^^^ neighbouring juftice, by diftrefs, half to the king, and half to him that fhall fue ; and for want of fufficient diftrefs, the offender to be committed to prifon tor three months, unlefs the penalty be fooner paid. f. 19, 20. Appeal. Perfons aggrieved may appeal to the next feffions, (giv- ing fecurity to the amount of the penalty and cofts), whofe determination fliall be final, and they may award cofts as to them Iliall feem meet. Id. Mitigation. Penalties may be mitigated, not exceeding one moiety ther.'of, ind cofts. f. 21. Betting, lofiiig, v/inning, cheating, and the like, at horfe races, are within the Itatutes of Gaming j for which fee the title (Naming. I^oufe. 7; Hou/ey how far protecfed hy law. IL Luty on houjes in general^ and on windows ot lights therein. IIL Duty on houjes worth ^ I a year and Jko^s. I. Houfe, how far frote£ied ly law» A Man's home or habitation is fo farprote£led by the law, that if any perfon attempts to break open a houfe in the night time, and fhall be killed in fuch at-> tempt, thefloyer fhall be acquitted and difcharged. And fo tender is the law in refpedl of the immunity of a man's houfe, that it will never fuffer it to be violated with im- punity. Hence in part arifes the animadverfion of the law upon eaves-droppers, nufances, and incendiaries ; and to this principle it muft be affigned, that a man may affemble people together lawfully (at leaft if they do not exceed eleven) without danger of raifing a riot, rout, or unlawful afTembly, in order to protedl and defend his houfe, which hs is not permitted to do in any other cafe. 4 Black. 11"^, In the cafe of burglary, which is breaking and entring a dwelling houfe in the night time with intent to commit felony, it is a capital offence, although no felony be ac- tually committed. And where the offence falls Ihort of burglary. 6i5 burglary, it is by feveral particular ftatutes made felony without benefit of clergy, to rob any dwelling houfe in the day time, any perfou being therein ; or ftealing in the day time to the value of 5 s in any dwelling houft; or out- houfe thereunto belonging, although no perfon be there- in J or ftealing to the value of 40 s in any fuch dwelJinf houfe or out-houfe, although the fame be not broken open ; or breaking a houfe in the day time, any perfon being therein and put in fear, although nothing be ftolen j or privately fteaiing anygoods to the value of 5 s in any fhop, warehoufe, or ftablc, although it be not broken open, nor any perfon be therein. And a reward of 40I is given to any perfon who fhall apprehend and profecute to convic- tion any perfon guilty of the felonious breaking and entring cf a dwelling houfe either by day or night. 3 IV. c. 9, 39 El. c, 15. 12 An. Ji. I. c. 7. 5 Ed. b. i. 12. 10 ^ \»\ W. c. 23. 5 An. c. 31. Concerning the breaking open the doors of an houle, in order to apprehend offenders, it is to be obftrVed, that the law never allows of fuch extremities, but in cafes of neceflity ; and therefore that no one can juftify the break- ing open another's door to make an arrell, unlels he firfi: fignify to thofe in ihe houfe the caufe of hi^. coming, and requcft them to give him admittance. 2 Haw. 86. But vi/here a p^-rfon, auchorifed to arreil another, who is fheltered in an hnufe, is denied quietly to enter into it, in order to take him ; it feems generally to be atjreed, that he muy jutlify breaking open the doors in any cafe where the king is party, as upon a warrant from ajufticeofthe peace to find fureties for the peace or good behaviour, or for the levying of a forfeiture upon a penal ftatute, which gives the whole or any part of fuch forfeiture to the king. U. _ .. In a civil fuit ; an officer cannot juftify the breaking open an outward door or window in order to execute procefs. If he doth, he is a trefpafier. But if he finds the outward door open, and enters that way, or if the door be opened to him from within, and he enters, he may break open inward doors if he find that neceflary, in order to execute his procefs. Foft. 319. For a man's houfe is his caftle, for fafety and repofe to himfelf and family ; but if a ftranger, who is not of the family, upon a purfuit taketh refuge in the houfe of another, this rule doth not extend to him., it is n«ot his caftle, he cannot claim the benefit of fanduary therein. Id. 320. Q,q 4 //. Duty 6i& ^tMik II. Duly on houjes in general^ and on windows or lights therein. I. Firji meeting of the cojnmijjionersy for the ijfuing precepts to return ajfejfors. ii. Second 'meeting ; charge to the affeJJorSy with ihs manner of laying the ajfejfrnent. iii. Third meeting ; figning the ajfejfmentj with warrant to collect. iv. Fourth 7neeting\ the appeal. . V. ColleSiing. vi. Colleger paying to the receiver. vii. Receiver po-ying into the exchequer. viii. Duplicates to be tranjmitted into the exchequer, ix. General penalty on officers not doing their duty. X. Indemnity of officers in doing their duty. i. Firjt meeting of the commifhoners^ for the ijfuing precepts to return ajfejfors. Cojrm'ffidn*rs ■ ^' CommiiTioners of the ]and tax fliall be commi£i- if thefe ciutijs. Qners for the duties on houles and windows. 10 G. 2. c. 3. / 6. liuc no commiiiioner of the land tax fhall a<5b as com- mifiionetof thefe duties, unlefs duly qualified, (that is, unlefs he be taxed at ico 1 a year in the county or divi- iion, except certain counties in Walei^ as by the land tax acts);; on pain of 20 1^ to be levied as other penalties by this aft, 21 G. ^. c. 10. /. 3. But they (hall not be obliged to take the oaths, and fubfcribe the dec)aration, and receive the facrament, as directed by the 25 C. 2. c. 1. as other perfons qualifying for offices ; but only to take the oaths of allegiance, fu- premacy, 'and abjuraticn, as -by the land tsx ac5ls. 20 Co ?• '• 3- /• 27. Time and place 2. Which faid ccmnaiiTioners {!;all meet yearly, at the ofmeetiog- molt ufiial place of meeting, at fuch time as (hall be ap- pointed for the nrli general meeting of the commiffioners of the land tax, or on fuch other day as they fhall think proper, before ^/)r/7 ;^o yearly. 20 G. 2. c. 3. /, 6. SubJIviJiae. 3- ^^^ ^^ inch, nrtt meeting, they may agree to fub- divide themfelves, and the other ccmn^wiiicners not then prefent, K'::.:x. 617 prefent, in fuch manner as to them fhall feem meet. /a'. /6. 4. Alfo at fuch firft meeting, they or the major part of Prerep»to re- -ihem then prefent, {hall diredt their feveral or joint pre- *"'^" ^^siT^J^s. cepts (A) to fach inhabitants, and fuch number of them as they (hall think moft convenient, to be prefentors and afleflbrs, requiring ihem to appear before the faid com- miflioners, at fuch time and place as they (hall appoint, not exceeding ten days. 20 G. 2. c. 3. f. 6. 5. Bu; no pcrfon in a city, borough, or town corpo- A.Teflbr J5, 16, 17, 18, 19, - I ?. 6d. each. 20 . I ^. 7d. each. 21 _ > _ I s. 8d. each. 22 - - - - 1 s. od. each. 23 - I s. 10 d. each. 24 - I s. lid. each. 25 and upwards 2S. od. each. :nV.v or And by the 24 C 3- c. 38./. 10. an additional duty ifimmatatbn js laid upon houfes and windows, which the icl expreffes *"' XQ be in lieu of the duty on tea thereby repealed, as followeth; For every dwelling houfe before rated at 3s. the ad- ditional fum of 3s. But this not to extend to houfej with more than fix windows, 7 windows an addition of 8 - - 9 - - - - 10 - - - II 12 - - - 13 - - 14. - - 15 6?. od. 8 s. od. 10s. 6d. 13s. od. 15 s. 6d. 18 s. od. ll. IS. od. II. 5s. od. ioufe. 619 J5 - lb - 17 - 18 - 19 - 20 21 - 22 - 23 - 24 - 25 to 29 30 - 3+ - 35- 39 40 - 44 - 45 49 50 -54 - 55 59 60 - 64 65- 69 70- 74 - 75' 79 80 - 84 - 85-89 90 - 94 - 95-99 100 - 109 no- 119 - 120 - 129 J30- 139 = 140 - 149 150- 159 - j6o - 169 170 - 179 - 180 and upwards I '. lOS. od. I • 15 s, od. 2I . s. od. 2 . 5 s. od. 2 . lOS. Od. 2 . 15s. od. 3 . OS. od. 3 . 5 s. od. 3 . JOS. od. 3> .15 s. od. 4 . OS. od. 4* . 10 s. od. 5 . OS. od. 5 . lOS. od. 61 . OS. od. 6 . lOS. od. 7 . OS. od. 7 . IDS. od. 81 . OS. od. 81 . 10 s. od. 9^ . OS. od. 9' . 10 s. od. 30 1 . s. od. 10 1 . lOS. od. I I I . s. od. 12 I . OS. d. 13' . s. od. I4I . OS. od. 15! . OS. od. 16I. OS. od. 17! . OS. od. 18I . OS. od. 19 1 . OS. od. 20] . s oJ„ Every dwelling houfe'] Cafe of Mrs. Torkington, Deptford^ jiug, 23, 1750. Mrs. Torkington held two houfes, which adjoined clofe to each other, and had feparate and diftindl ftair-cafes, and alfo different avenues from the ftrect to the houfe, and fhe was charged by the affeflbrs for them as two feparate houfes. But the furveyor finding that there was a communication betv/een the two houfes by a door-way on the ground floor, which was canftantiy made ufe of, furcharged her as for one entire tenement. Upon which, (he appealed to the commiilioners; who determined that the was not liable to be charged for one intire houfe. But on a fpecial (late ot th:; cafe for the opinion 620 ■i^f W ♦'H -• s<- ' opinion of the judges, Lee chief juftice and nine other of the judges dedared their opinion that the determination of the commifliowers was wrong, f Dzvellifjg hszjfe] Cafe of the Foundling hofpital^ Nov, lo. 1748. Taylor //■7'//^ efquire, treafurer to the truftees and guardians of the faid hofpital, was charged for the window duty on the fa id hofpital. On appeal, the ccmmifTioners were of opinion, and accordingly determined, that the faid truftees ought to pay the duty. And on reference to the judges, they were all of opinion that the determina- tion of the commiffioners was right. St. Thomases hofpital, June 7, 1749. The feveral of- ficers of the faid hofpital were charged for their refpedlive apartments within the fame; which they enjoyed as dwelling houfe«, and they and their families rtfided there-- in as fuch : All the faid apartments were within the hofpital, and the only accefs to them (the treafurer's only excepted) was by going into the faid hofpital. The commiffioners determined, that they fhould be difcharged from payment of the faid feveral duties. But the judges v/ere all of opinion, that the determination of the com- mifTioners was wrong. Borough of iS/j/zz/fir^, i()July, 1762. Tht gacler v/z'S, charged in refpecr of his dwelling houfe, which was part of the gaol. On appeal, the commiiTioners difcharged him. But the judges were of opinion, that the deter- mination of the commiflloners was wrong, and therefore that the gaoler ought to be charged. V2l:\^ oi ?>t. J (.hn's CUrkenwell^ AMg: 22. l"] SI- ^^'^ appellant was charged for 63 windows in the workhmfi^ which was built at the ^public expe-nce of the pariih, for the maintenance and lodging of >the poor of the faid parifh ; the beds, bedding,- and other fu-rniture for the faid workhoufe were all provided by the parifa j and tiie ap- pellant was a perfon placed there by the officers of the parifh, with a falary, to look after the poor people jn the faid workh.oufe, and had only two rooms there for himfelf and v.?ife to inhabit and lodge in ; and 61 of the windows in the faid workhoufe, for which the appellant was charged, belonged wholly to thofe parts of f This and the other cafes following under this title are taken from a printed account of cafes fent to the feveral fur- x'eyors, as determined bj' the judges on references to iheni for their opinion, the ^DUfe; 621 the workehoufe which were appropriated for the poor people placed therein. The commiffioners were of opinion, that the appellant was not chargeable with the duty in refpedt of the aiTefiment made on him for the faid wofkhoufe, and therefoic allowed of his appeal againft the faid charge upon the faid houfe and 63 windows there- in. But Ryder chief jiiftice, aad ten other of the judges, declared their opinion, that the determination of the com- millioners was wrong. Inhabitants of IVare in Hertford/hire^ 3 July, 1775. The p:irilh workhoufe was charged ; and the cafe of St. 'John s Clerkenvjeil was infided on as a cafe in point : But the commiiuoncrs were unanimoufly of opinion, that hof- pitals, poor houfes, workhoufes, and infirmaries, are not 'liable to be charged with the faid duty, ^rn] lord Mans- field and the other eleven judges held, that the determina- tion of the commiffioners was right, t - IVeJi IVeyr.mb workhoufe, 3 Jiily, 1775. The governor of the workhoufe appealed agJiinfta furcharge made upon bim and the parilhioners for the windows in the work- houfe, except only thofe in the apartment wholly made ufe of by him the faid governor. The commiffioners, on the authority of the aforefaid cafe of St. yohn's Clerken- well^ conrlrmed the furcharge. But the judges were of opinion, that only the windows in the room occupied by the governor ought to be charged. ^^^OT?H/'?rr workhoufe, 3 July, 1775, Robert Symcs th« mafter of the workhoufe was charged for the windows therein. It appeared that he and his wife were fervants hired f;om year to year, at yearly wages, like other com- mon fervants, for their refpedtive fervices in this houfe, living in common with the faid poor, in the fame room?, and on the fame provifion?, and ufing the goods and fur- niture that were provided for the faid poor; and that his and his wife's iin^rn was vvafhed in the houfe at the parilh expence, like as the poor people's cloaths were v/afhcd; that the faid Robert Symes had no goods whereon this duty could be levied ; neither had he any diftind apartment in the houfe -feparate from the poor.. Whereupon the conuniflioners determined that the faid Robert Symes was not chargeable. And the judges were of opinion, ih.iC the determination of the commjffiouers was ri'/ht. X Note, all the cafes here recited, which bear date 3 July, 1775, arc fubfcribcd by the whole twelve jud^-s. lyorce/ier 6.2 2 J^oufe. //^i;r<:^/?rr infirmary, 3 July, 1775. The infirmary wa§i built and maintained (olely by voluntary and charitable fubfcription, for the reception of ficlc and lame poor only; in which there is no place of habitation for phy- fieian, furgeon, fecretary, or any other perfon or officer attending the houfe, or any inhabitant that pays any pa- rochial afleffment. The furveyor delivered a furcharge on the matron of the infirmary for the duty. To this fur- charge the matron appealed to the commiflioners, fug- gefting, that fhe had no real property in the hofpital, and was only a nurfe under the fubfcribers to the chari- ty. Therefore the commiflioners difcharged her. And the judges were of opinion that the commiilioners had done right. Magdalen hofpital, 3 July, 1 775.' The matron was charged for 198 windows of the faid hofpital. Upon ap- peal, the commiilioners adjudge, that the ofHces and places occupied by the officers and fervants belonging to the hof- pital only are rateable ; that the fame contain 45 win- dows only; and that the other windows belonging to that part of the hofpital v/hich is only applied to the ufe of the objedls of the charity are not rateable. And the judges were of opinion that the determination of the commiffion- ers was right. Dwelling houfi inhabited] Cafe of JVilliam TuUle efquire in the north riding cf Torkfiiire, 27 Jan. 1764. Itap- peared that the houfe was not inhabited, but was fur- nifhed ; and a woman who lived in the town in a houfe of her own, went frequently to open the windows to air the houfe, and to take care of it, for which (he had a yearly ftipend : but as (lie did not lodge in the houfe, nor males fires, the commiffioners detcmmed that the houfe was not liable to be charged. But the judges were of opinion, that the determination of the commiffioners was ■^rong. Cafe of Benjamin Broomheod efquire in the county of Lincoln, 16 July, 1767. Thehouiewas certified tjy the aflefTors as empty. 1: appeared that the only ufe the owner made of it was n-n • foorr.t belonging to or occupied with any dwelling, whe- ther joined to it or not, (hall be deemed part thereof, and the windows therein charged accordingly. 21 G. 2. c. 10. f. I. And iky lights, and windows or lights m ftair cafes, garrets, cellars, paflages, and in all other parts of dwell- ing houfes, to what Life foever applied, fhall be charged, f.2. I(itchen,Jcul!ery, Buttery, ^c."} Cafe of Cchhe/i^r, June T9, 1759' It was determined by the commiffioriers, that JhopSf ivarehoufes, and ciuntlng houfes ^ not being enumerated in the ail, ought therefore not to be charged : But it was held by the judges that they are equally liable as the reft. Cafe of DIfs'xn Norfolli, 3 J^'X? 1775* Upon the like ground, it was determined by the commiffioners, x.\.?X dairies zni cheefe chambers are not liable: But the judges were of opinion, that the determination of the comraiilion- ers was wrong. Cafe of Mr. Godbold an attorney at Great Bircbarn in Norfolk, July 3, 1775. He was afltiTcd for two windows in a certain room not adjoining to his dwelling houfe, in whith he did ufually write and tranfaft his bufmefs as an attorney; and as the faid room did not come within any of the particulars fpecified in the act, and was at a dif- tance from, and had no covered v/ay from his dvvelling- hcufe, he alledged that he ought not to be charged for the faid windows. But the conimiHioners determined that he ought to be charged for the faid two windows; and th? judges were of opinion that the coffimifTioners had done rioht. ScTerrc'i v.'n- 4- And vvherc feveral windows are fixed in on^ frame, dowsincne if tlie parti tion ortivifion bctv/ecn them is of the breadth frame. of 12 inches, the window on each fide of the partition (hall be deemed a diftinft window. 20 G. 2. c. 3. f. 38. Borough of Doncap.er, Nov. i8, 1 767. 1 ht-re v/as a windcvi' above and on each fide of the door; and the win- dows on the itdes were vi'ithift the fpace of 12 inches from the window above the door: but the v.'indows were in fc- parate frames. And this was hglden not to be within the acl, fo as to be chargeable as one window only, but as three difiir.cSl windows. 625 So in the cafe of the city of Oxford^ June ig, ij^r;; where two windows were made into one, by joining them together in one frame, and the partition was of lefs breadth than 12 inches: this was held by the judges to be frau- dulent, and the windows liable to be charged as two dif- tin£t windows. And in the cafe of Sidbury^ June 27, 1 757 ; where the owner, in order to reduce the number of his windows, had fixed between two of the windows a piece of glafs of four inches in breadth and eleven inches in length : this was held by the judges to be a manifeft evafion of the a6t, and the windows therefore liable to be charged as two diftinft windows. Cafe of IVilliani Greenleaf of Ipfwich, 3 July, 1775. He built an houfe of brick, in the front of which were four bow windows. In conftru61:ing which windows, the timber work, comprehending the front and return at each end of the bow was made in one intire frame, and {o worked into the building. But by reafon of acafing of brick work attheoutfjde of each angle of the bow, it had externally a greater difl:ance than 12 inches between light and light; though within, the timber frame was no more than eleven inches between light and light, TheaflcfTors charged each of thefe bo7/ windows as but one light, from the circumftance of there being but eleven inches diftance in the wood work between one light and another. But I the furveyor, judging by the external appearance of each windovt', as it meafured more than 12 inches without, furcharged the fame as three diftinit lights. The com- miflioners confirmed the furcharge. And the judges were of opinion, that the determination of the commiiliorjers was right. 6. And all windows in frames which fliall give light Window en- into more rooms than one, fhall be charged as fo many fe- ''ghtoning two parate v/indows, as there are rooros enlightened thereby. 20 G. 2. c. 3. /. 38. 7, And no windows or liphts (hall be deemed to be ftop- windows flop- ped up, unlefs it be done efreclually with ftone or brick, ped up. or plaifter upon lath, or upon any other material com- monly ufed to plaifter upon, or with the fame kind of ma- terials whereof the outfide of the houfe doth chie^y con- fift. 21 G. 2. f. 10. / II. But this not to extend to windows flopped up with any materials, before the year 1746. f. 12. And if any occupier {hall open any windows, after the aflefiments are fettled and warrants for collefting fi-in'^d, without noti,ce in wjriiing to the furvevor, be fnall forfeit Vol. II. PvT , ' 20 3, 626 J^oufe. aos. 20 G. 2. c.,;^. /". 3g. by didrcfs and fale, / 28. half of which fine fnall go to ihe informer. 21 G. 2. c. 10. /15. TwofamUiesin 8. Vv here a houfc (h all be inhabited by two or more one houfe. perfons Of fam i i ics , it ihall pay as if it was inhabited by one perfonor family only. 20 G. 2. t. ^3. /. 31- Houfe let In dif- 9. Where 2ny dwell ing houfe is let in diitlrent apart- fei en t apart- mcnts to fevcral perfoHS, and tHe landlord of fjch houfe ""°'^"* pays other taxes and parifh rates for the fame; fach land- lord (hall be deemed the occupier of fuch dwelling houfe, and be charged with the duties !or the fame, as an entire houfe. 20 G. 2. c. 3. f. 35. 24 G. 3. c. 38./ 30. Ratfstobe 10. And the rates fiial 1 be charged only upon the in- charged t.n the habitants or occupiers, and nnt on the landlord who let inhabitants. ordemifed the fame. 20 G. 2. c. 3. /. 5. 24. G. 3. c. 38./ 17. Infanis how !'• Parents and guardians of infants, on default of chargeable. payment by fuch infants, Ihall be liable j and may be proceeded againft as other perfons making default. Id. f. 15. 24 G. 3. r. 38./ 36. c^oUces. I?. Each diftindt chamber in a college or hall in the univerfiiies, lliall pay as if it were an entire houfe paying to church and poor. Id. f. 32. Innsofcourt. 1 3« Every edifice ill the ini.s of court or chancery, be- ing leverally in the occupation of any perfon, fiiall pay for every window or liuht ; but fhall not pay the 3s duty on houfrf. 20 G. c. 3. f. 33. 21 G. 2. c. 10. f. 18, 19. 24 G. 3. r. 38. /. 32. ^ ,^ 14. Such dwelling houll's only, where the occupier, by Cottages. ,- r ? • J r 1 reaion or poverty cnly, is exempted from tne uliial taxes to church and poor ihall be exempted from the duties ; and that only in fuch cafes where the dwelling houfes fo occupied are cottages, not containing above nine windows in the v\iole. 20 G. 2. c. 3. f. 29. 24 G. 3. c. 38. /iS. „ , , i^. But every houfe whereof the keeping only is com- litufts let to . -* , , ^ -^ ,. ,. ' . "^ ^ fervants. mitted or left to a perlon or lervant wno pays not to church and poor, fhall pay as if inhabited by the occupier or tenant. Id. f. 2>3- ^, , „. , 16, And if any perfon {hall wilfully obfrrutSl or mr.lefl aiiciibrs. ~ a.ny affeiror in the execution of his duty, he fhall forfeit 5I, to be levied as the rates and duties. 21 G. 2. c. ic /. 14- 17, And the sikflors fl:iall afkfs themfelves and the '.heznisivss. comraifhoners, as other perfons are alTciied. 21 G. i.e. ■ fc. /; 16. 18. And I ^mtt, 627 18. And the commilTioners (hall then and there prefix Day forbnnging a day for the perfons to appear before them, and bring in '-"^ ^'"•'^ ^'^'-^^" their affelTments in writins; under their hands : fetting forth therein the names and furnames of the fcveral occu- piers or inhabitants of each refpedive dwelling houfe chargeable, the Clumber of windows or lights, and the feveral funis they ought to pay. 20 G. 1. c. 3./! 6. Which day {hall be on or before ^une 4 yearly, f. 7- (8.) iq. And there (hall be a feparate aflcfTment for the ad^ Separate aiFdr- ditional duties granted on houies and windows by the 24 new duty. G. 3. f. 38. iii. 'Third meeting \ ftgning the cffejfment, with war- rant to coUeB. 1. The afleffors appearing at the day appointed, fliail AfriOmsnt Js- deiivcr in their affefl'ments, to be verified upon their oaths, l'^-'"^'"- and not otherwife. 20 G. 2. c. 3. /] 6. 2. And fnall then return the names of two or more able Returning tlie and fufficient perfons to be colled^ors, for whom the pariih '""'" of colic or place ftiall be anfwerable. 20 G. 2. c. 3. /. 6. 3. At which time alfo three or more of the commiffion- Si-ning tl-.e af- ers (hall fet their hands to the afTeirments, teftifying their 'effi'-i^'ic- allowance thereof. 20 G. 2. c 3. f. 9. Note; It is not necelTary by the words of the a£l that the fame fliall be fealed. 4. And they fnall alfo appoint tivoof the perfons named Appointing in the afi'^ffinent, or any two others whom they fliall think colieilors. able and refponfible, to be colleiiors. Id. [CJ, 5. Alfo on delivery and reiurn of the aflefTments, three Warrant to or more commiiiioners flidl, at leaft ten days before the rates fliall become due, illue their warrants or eilieats un- der their hands and feals, to the collector^, for the fpcedy collecting and levy ng the fame, as they fjiail become due and payable. I^-f' J- And they fhall forthwith deliver the aflefTment {o al- lowed of, to the coileitors. /. 9. . 6. Colleilors refufing to take their offices, (ball forfeit Collector refuf. 5I, 20G. 2. r. 42. /. 2. bydillrefs and faie, as by the '"°"'='^'^' 20 G. 2. c. 2- 7. Then three or more coa-.miflioners fhall alfo give ''Ppolntms the the collectors notice when and where the appeals of any "^'•"" '""^ appeal, perfons who (hall think themfelves over-rated, may be heard and determined. JJ. f. 12. And all appeals which fliaii be made between Mar. 25, and Aug. 20j yea.ly, (hall be heard and determined by the K. r 2 com- 62 8 i^oufe. crmmilTioners upon Tuch days as fiiall be by them appoint- ed between Aug. 20, and Sept. 15, And all fuch other appeals as (hall be made between 5^^/. 29, and yan. 20, yearly, (hall be heard and determined upon fuch other daysasfhall be appointed between yan. 20, and Feb. 10. il G. 2. c. 10. / 7. Remedy where 8. And where the commi/Honers (hail have omitted to the comm.iiion- exccutc the powcrs to them given within the time, and ers have omctea .. , i r m t /• their dutv. according to the manner above prelcribed, two or more of them may meet, and execute the fame at any other times, as there (hall be occafion. 206.2.^.42./ r. Surveyors to g. At thls third meeting Hkcwife comes in the bufinefs fuATT^"'^ ofthefurveyors, who fhall be appointed by the king, or three commiffioners of the treafury: who fhall appoint them fuch falaries as they (hall think reafonable, 20 G» 2. c, 3. /. 30, 42, 43. And they ftiall have power to examine the afTefiments, before they are figned and allowed by the commiflioners ; and at feafonable times, with a conftable, to viev/ and ex- amine whether there be any more windows than are aflefT- €d, and to pafs for that purpofe through any houfe, to go into any court, yard, or backfide thereunto belonging, and externally to view the windows v/hich cannot be conveniently feen or numbered without going thro' fuch houfe: and this they may do twice a year. Id. f. 30. And the conftables, and other his majcfty's officers, ihall be aflifting; and (hall alfo obey and execute the warrants of the commifiioners to them dire£led. Id. f. 22. And if any perfon fhall wilfully obfirrujSt or moleft any furveyor in the execution of his duty, he (hall forfeit 5 1 ; to be levied as the rates and duties. 21 G. i.e. 10. f, 14, iv. Fourth meeting -, the appeal. Kot'ccofth- I. Every colleflcr fhall, within ten days after notice appeal day ro be from the commiiTioners of the time and place of appeal, chuTch"^*^^ cauie publick notice to be given in every parifli church or chapel within his diftriii, immediately after divine (tr vice, on the Lord's day (if any fuch divine fervice fhall b performed there within that time) of the time and place fo appointed by the commiffioners forbearing and deter- mining appeals : And (hall alfo on the fame day, caufe the like notices to be fixed in writing on the door of fuch church or chapel. 20 G. 2. c. 2- /' 12. Survevr.r fo 2. And after the rates are figned and allowed by the give in his fur- commiflioners, if the furveyor finds on his furvey, that charge, ^^^ e J^eufe. 629 Sny houfes or lights have been omitted, or are under-rated, ■ he (hall certify the fame m writing under his hand, by way of furcharge, on or before Jug. 10, and fan. 10, yearly, to any three or more commiffioners, in order to have fuch omiflion or under-rate certified in the aflelTment. 20 G, 2. c. 3. / 37. 21 G. 2. c. 10. /. 6. 24 G. 3. c. 38. /. 28. And he (hall alfoleavea written notice at the dwellino- o houfe of every occupier fo furcharged, that he intends to charge them for fuch number of windows or lights as are charged in fuch certificate. 21 G. 2. c. 10. /. 6. 3. And every perfon intending to appeal ihail give af Notice of an. leaft ten days notice thereof in writing to the furveyor, orpeaJ. to one or moreof the aflefTors. 21 G. 2. c. 10./. 8. 4. And no affcfTment (hall be altered or diminiihcd, ^^(^^l^,„gpt „ot except only on hearing the appeal, upon a general appeal to be altered but day. 21 G. 2. c. 10./. 5. ^raf^la"'"' '^' «;. And the furveyor, afiVflbrs, and appellant mav be ^ * . ^, , . , ■' ^ L J J • ' Survevor may be prelent during the time or hearing and determining the ap- piefen't. peal, unlefs they mifbehave. 21 G. 2. c. lo. f, 8. 6. And in cafe of any controverfy arifing between the ^ commiliioners concerning the alitrllments, the commif- intereftodto fiont rs that fhall be concerned therein (hall have no voice, withdraw. but (hall withdraw during the debate, until it be deter- mined by the reft of the commiffioners. 20 G. 2. c. 3. 7. The furveyor appearing to make good his furcharge, c - - n t .1 '^ . ^ °,. ^ Surveyor to Ihall make oath that a written notice was left at the dwell- mike oath that ing houfes of the feveral occupiers fo furcharged, that he '^e 2^^^ notice. intended fo to furcharge them. 21 G. 2- c. 10. /. 6. 8. At the appeal, the commiffioners (hall examine the t-, , '^' . . . 1 he parties to parties complaining, upon oath, concerning their number ue -examined on of windows or lights. 20 G. 2. c. 3. / 12. "at'i* And they (hall not make any abatemct-t of the charge or furcharge, unlefs it doth appear upon oath, that fuch perfon is over-rated. 21 G. 2. c. 10. /. 8. 9. Appeals determined (hall be final: Except that if the furveyor or appellant (hall then ueclare himfeh dff^- pe^i determ*^ined tisfled with the determination of the commiiTioners, they ihali be final. ftiall, at fuch perfon's requeft, ftate fpeciallyand fign the cafe upon which the queftion arofe, togetner with their determination thereupon, and caufe the iame to be deliver- ed to the party, to be by him tranfmited to one of the judges J who (hall with all convenient fpeed return an anfwer, with his opinion fubfcribed ; according to which the aflefTment (hall be altered or conlirmed ; provided that the determination of the commiliioners (liall ftand, K r 3 v/ith 630 1^0 ufe. with refpe£t to the payments which fhal! be due pre- cedent to the opinion upon the cafe certified by the judge. 21 G. 2. c. 10. /. 9, 10. 24. G. 3. c. 38. /. 46, 47. V. CoUe^inz. Colleaoi- to I. The coliedtors fhall make demand of the parlies maice dtmand. chargeable, or at the places of their lail abode, wichin ten d.,vs bf'icr the duties fhall become due and payable. 20 G.'i. c. 3./ 7. Andg!vere- 2. And OH payment thereof, thev fhall give acquittar- ceipts. ces gratis ; which (hall be a full difcharge to the perfoa paying- the fame. //. Miv djftrain. 3- And if any perlbn {hall refufe to pay to the collec- tor on denvand, he may cfiftrain fuch perfon by his goods ; and fnall keep the difirefs four days, at the owner's coft ; and if not paid in the faid four days, then the diftrefs fhall be appraifcd by .two inhabitants, and there fold by the officer; the overplus (if any) over and above the charges of takirfg nnd keeping the diftrefs, to be immediately re- fiored to the owner. IJ. f. li. And where any refufal, neglect, or refiftance fhall be made, it fhall be lawful by warrant of three commifTioners to break open any houfe in the daytime, calling in the conftable to affi.l. Id. Comrnltment 4- And if fufficient didrefs cannot be found, three wantof cotnmiffioners by their warrant may commit any perfon wlio (hall refufe or jiegle£l to pay for 20 days afier de- mand, to the corr.rp.on gacl, until payment fhall be made. 20 C. 2. c. 3- / I ^• Levy'ng arrears. 5- Arrears may be levied by the commifHoners in the f^me manner as the rates and duties. 21 G. 7.. c. lo. /. 17. Occupier re. ^- ^V here the occupicr removes without paying the moving. rates, the commiffioners are to tranfmit a certificate there- of, to the commifTioners where the perfon refides ; who fuall caufe the fame to be levied and paid to the colle6tors of the place from whence the perfon did remove. 20 G, '2. c. ^.f. 41. vi. CoUeaor;pnyi}ig to the receiver. Coiieftorto pay ^' '^'^^ colleciors (hall pay in the money received, with- lo tue leceivcr. In SO days after the receipt thereof, to the receiver general or his deputy, at fuch place as the commiffioners fhall appoint. 20 G, 2. c. 3./. 7. Provided diurcfs. ^oufe. ^3 J Pioviued that the colle^Piors fnall not be obliged to tra- vel ab.jve ten miles from their habirations, to pay the mo- money col!e»iied. /. 24. 2. Which receiver general fhall give acquittances ^r<2- Receiver to give tis ; which fliall be a full difcharge to the colleaors. 20 ^'^'i"''"*""*- G. 2. f. 3. /. 21. 3. And the faid receiver general filall give notice of Deputy receiver his appointment of a deputy (vv'hich appointment (hail be underhand and feal) unto three or more commiffioners, within 20 days after their firft meeting, and within 20 days after the' death or removal of any deputy. 20 G. 2. c, 3. / 23. 4. Every collcSor fhall have 3d in the pound, for f^olkaorto what mouL-y he fhall pay to the receiver general. Jc/. p^H^nd. / II. 5. And if the collector (hall negie£l or refufe to pay Coilefcor fall- the money by him received, at the time appointed, three *"§• or more commiffioners may imprifon his perfon, and feize and fcrcure his eftate as well freehold as copyhold, and all other ertate both real and perfonal to him beliuiging, or which fhall come to his heirs, executors or adnnmllra- tors : which commiffioners may appoint a time for a gene- ral mce;ing of the commiffioners, giving publick notice thereof ten days before ; and the commiffioners at fu<:h general meeting may fell fuch eftates, or any part of them, /qr payineat. 20 G. 2. c 3./ id. And if there be any arrear, by reafon of the failure of a colle(Slor for whom the paiifh or place is anfweraWe, tiiree commiffioners may cau(e it to be reaflefled in fuch parKh or place. Id. f. 34. 6. And the coHcdtors Ihall deliver a fchedule of arrears ReturR-n^ ar~ 1 • 1 lit- J • I rears into the to the receiver general, to be by him returned into the exchequer. exchequer, that procefs a»ainil the defaulters may be ifiu- ed from thence. 20 G, 2. c. 3. /. 21. The receiver general returr,ing any perfons in arrear who have paid, Ihail forfeit double damages to the party, and double the fum to the king, f. 25. And no receiver (hall return any perfon in arrear in his accounts, unlefs fuch account be paiTed in the exchequer, within tv.'o years after the end of the year for which fuch race ihall be payable, but the fame Tnall be a debt on him and his fecurities. /. 26. vil. Receiver faying into the exchequer. I. The receiver general fliall pay the fum received into Times of pay. the exchequer, by four qiiarter'y pavniencs (t'/z, 'Ian. c, '"8 "•'" o the R r 4 April 632 April 5, July 5, and OSf. 10,) or in 40 days after the re- f[)e£tive quarterly pay days ; on pain of 50C 1, to him who fxiall fue. 20 G. 2. c. 3./. 10. 6 G. 3. c. 38. / 6. Receivet's \1. 2. And he Ih-all have an allov^ance of 2 d in the pound for the money he fhall pay into the exchequer. /! 11. lowance. vlii. Duplicates to he tranfmittcd in to the exchequer, Tranfmitting The commiflioners fhall caufe true duplicates of the the duplicates, afleflments to be made out, within three months at farthefl after Mar. 25 yearly ; the appeals being firft heard and determined. Such duplicates to be made for the fame hundreds, wards, parifhes, or places, for which diftin£l tjuplicates are and have been ufually made out for the land- tax ; and the names and furnames of the afTeflbrs and collectors refpedtively fhall be'inferted therein. 20 G. 2, iT. 3./. 10. One of which duplicates fhall be delivered to the re- ceiver general, and another tranfmitted into the office of the king's remembrancer in the exchequer; for which the prober officer fhall give acquittances gratis. Id. All which being done, the commiflioners clerks, for the careful writing and tranfcribing the afTefTments, war- rants, eflreats, and duplicates indue time, fhall by war- rant under the hands of three commiflioners, receive i f d in the pound, to be paid by the receiver general, f, ij, ix. General finally on officers not doing their duty. Penalty en the I. If any furveyor fhall knowingly, thro* favour or ma-f furveyor. jjce, under-rate or over-rate, or omit to charge any per- fon liable, or fhall be guilty of any corrupt or illegal prac- tice in the execution of his ofHce j he fhall forfeit lool and his office. 2c G, c. 3. f. 10. On the affciTor. 2. AfrcfTor guilty of concealment or favour in afTefs.* ing, fliall forfeit not exceeding 5 1, nor under 405. Id. /. 6. On the coUec. '^. Colleflor gathering by a rate not figned and allowed by the commiflioners ; or receiving rates from perfons not charged therewith ; or collecting from any perfon more than he is charged, and not paying the whole fum col- levied ; or fraudulently altering any rate after being fign- ed by the commiflioners, fhall forfeit 20I. Id. f. 36. by diftrefs. /. 28. In the cafe <.f ^ againfl Buck and Hale. M. 3 An. The defendants were indided and found guilty of amif- demeanor, tor. (>2i demeanor, for that being affeflbrs and colleflors of the publick taxes of fuch a parifh, they afiefled feme too high, and omitted others in their books, and yet levied the mo- ney on them, and put it into their own pockets. On their coming to receive judgment, it was moved, that no corporal puni(hment might be infliiled, becaufe the crime was not of an infamous nature. But they were adjudged to the pillory in the county where the crime was commit- ted ; aad that the marflial fliould carry them down, and a writ fliould go the (heriiF to alTift him in the execution. 6 Mo^. 306. 4, Generally ; if any afleflbr, c&lle£tor, or other perfon On otharsy appointed by the commiiHoners, fhall wilfully negle£i or refufe to perform his duty, three commiffioners may fine him not exceeding 20 1, nor under 5I; to be levied by diftrefs, and charged amongft the rates to the receiver ge- neral. Id. f. 11. 5. And the penalties and forfeitures, for which no other General methc^ way of levying is prefcribed, fliall be levied by warrant °'^'^^y'"S '^^^ of three commiffioners by diftrefs, rendring the overplus, ^^"^ '^^"* after dedudting reafonable charges for diftraining. Jd. f.lS. X. Indemnity of officers in doing their duty. Perfons fued for any thing done in the execution here- Treble coft$, of, may plead the general ilTue, and have treble cofts. 20 G. 2. c. 3./ 66. 21 C 2. c. 10. f. 20. A. Precept to the high conftables to return af- felTors. f To J < flal L faic To Himry Hobne^ gentleman, high con- Weftmorland. •} flablc of the Weft Ward within the id county. Jf/'E the cojmntjfioners of the duties upon houfes and windows for the faid county ^ whofe names are hereunto fet, and feals affixed, do hereby require you forthwith upon the receipt hereof, to iffue out your warrants to all the petty confiahlee within your [aid ward, according to the form hereupon indorfed. Given under our hands and feals the — • . . - day of ■. « in the < • year , . The 634 i^oufe. The form of thefaid warrant to be indorfed. Weftmorland, 5 t^ .u n ' 1 c ITT /) TIT- 1 1 -I o the conltaole cr We it Ward, c Tyr virtue of a precept from the ccmm'ijfijr.ers of the duties upon houfes and vuhuLivs for the f aid county tc me (HrePud^ you are hereby required forthvuith to give notice to the lajl collec- tors of the faid duties within your CGnJiahLwick^ that they and every of them do perfonally appear before the faid commiffionen Qf _ en » ■ the day of at the hour of .„— -. in the forenoon of the fame day^ in order to he ap- pointed affejfoi 5 ff thefaid duties^ for this prefent year^ and at the fame time to receive their charge^ how and in what manner to make their affefjiv.ents^ and otherwife bow to proceed in the execution of their jaid office . And be yau then there to certify what you Jh all have done in the execution hereof. Given under my hand the day of ■ in the year of our Lord ■ Henry Hoi me, high corjiable, E. Appointment of aiTcfTorSj with their charge. Weftmorland. TjrTE the commiffionas of the duties upon houfes and windows for the faid county.^ ivhofe names are JureuKto ft^ and feals a^ixed^ dp he>eby no- minate and appoint ■. to be cffejfors of the faid duties vjithin the iownfl-ip of in the county afore faid. And we do hereby rcquhe you the faid afjeffjrs, to make your offefjhier.t Jor the fame., according to the proportions of the lajl ajjijjinent for the faid duties within your faid townjhip \ but with fuch alterations therein as jhall be ncceffary by reafon of any new houjis ere"ied^ or the number of ivindows in any houje increafedy or the removal and change of the inhabitants^ or otherwife. And your faid affjiner.t ycu are to make out in writings fettrng forth therein the names of the fever al occupiers or inhabitants y the number of windows or lights^, and the fum which they ought to pay ; and ftgn the fame ; and deliver the fame to us upon ccth at in the county ajorefaid, on the ——— day of at the hour of in the forenoon of the fame day. At which time and place you are alfo hereby requir- ed to return unto us the names of two or more ab.e and fuf- ficient inhabitants ivithin your faid tcwnjhip^ to be colleSfots of ' the faid afpfjment \ and in the- mean t:m,e to give notice unto them that they do alfo then and there appear^ to rcce-ve their appointment^ ?^3i5fe. 635 apf!}i/!i;tit;f}t, nominal'ion^ and charge. Given under our hands and feah the • day cf tn the year of our Lord . C. Appointment ?.rA charge of the colieflox'-s, with v^arrant to colled. Weftmcrland. JJ/'E the comnnjtoners of the duties upon houfes and iiindows far the faid county ^ T^jhofe names are hereunto Jet ^ and feats a^xed, do hereby 7207111- 71 ate and appoint to be coUeSlors of the [aid duties for the ioiwfhip of in the faid county^ for this preftnt year ^ and do hereby impcwer them to demand, collet, and receive the fame. And you the faid colleSlors are hereby required^ within ten days after your receipt hereof^ to caufe public notice to he given in the church or chapel immediately after divine fervice on the Lord's day^ and to caufe the like notice in ivriting to be af^ fixed on the door of fuch church or chapel, that all appeals, again fi the affejjment for the faid duties zui/l be heard and de- tertnined by the faid commifftoners at - — ' on the • • day of . Jnd if any perfon Jhall negleSl or refufe to fay the fame unto you upon, derriand^ you are hereby required forthwith to give notice unto us thereof ^ that fuch further pro- ceeding 7nay be had therein^ as to law doth appertain. And the fame when colleBed, you are hereby required to pay unto the receiver general or his deputy, at the times and places hereafter follo%vi'-g\ that is to fay, dedu5iir, gout of the lafi pay- ment thereof 3 d for every pound by you colleiied, for your trouble in coUeSiing and giving receipts. Given undrr our hands and Jeah the • day of in the year of our lord . lU. Jjiity on houfes and fhops* By 18 C •?. c. 26. and IQ G. ?. iT. CO. For every dwet- ^ , , tno houje inhaoitcd, iogelner wito the cfjues, courts, yards, qj . j g year and -j the coinmiOK.n- as they fliail think proper before tne 30th JpnL Frovid- eis, cd, that if by any negleil there (hall not have been a meeting of the commiiricncrs, and a due execution of the feverai pou'ers hereby created, within the time, or accord- ing to the manner or circumflances direcled by thefe acls ; any two commiflioners may meet and execute the faid powers at any other tin:e, fo as that the duties may be le- vied and paid. 18 G. 3. c 26. /. 10, li. U 25 G. 3. c. 30. /. 13, 14. And no comniilTioner fliall acrV.re one juftice, forfeit lol; -nd (hall be difmifTd from hi< empl yment as governor or afliftant in fuch houfe, b^ ordtr'of the juflices at the next feflions, on proof n^ai' rfofe them of, the faid ofFcnce. And no wine, v\., f :rituous or other liquors (hall be brought in- to tii= t -i- of correcStion to be drank there, unlefs for a uie'io,.! purpofe, by a written diredion, under the band of the apothecary or furgeon ufually attending fuch honfr, 22 G. 3. c. 64. /. 8. Tne fad penalcy of lol to be kvied by diftrefs; for Wint of iufncieni diftrefs, the offender to be committed to the com.non gaol or houfe of correction, for any time not exceeding fix kalendar months, nor lefs than one. II. The juftices, at every general quarter feflions, Mafter to ac- fhaW call upon the keeper of the houfe of corredion, to ^^unt to the " ■ . ,n r \ r 1 /■ lemons. produce to them in writing a lift of the feveral perlons then in cuftody, with a defcription of the offence, the time for which committed, diftinguifhing particularly thofe who by warrant of commitment 2re to be kept to hard labour, and alfo diftinguifiung the age and fex of every fuch perfon committed to hard labour, and in what trade or bufincfs he hath been employed, and what he hath been molt accuftomed to, and is belt qualified for, Sf3 «n4 646 5|oufe of to??e(tion. and how he has behaved during his confinemfnt. 22 G. 3. c. 64. /. 3. Maftermifbe- 12. If the mafter fhall not, at every quarter feflions, having. yield a true account of all fuch perfons as have been committed to his cuftody ; or if any perfon committed to his cuftody fhall be troublefonie to the country, by go^ng abroad; or othervvife fhall efcape away from the boufe of correilion, befoie he fhall be from thence lawfully^.d^li- vered ; the faid jufiices fhall fet down fuch fines a'ld pe- nalties upon the faid mafler or governor, as they -fli-ll think fit : and all fines and penalties fhall be paid to the treafurer, and accounted for by him. j f. c. 4. /. 9. Removing the 13. The juflices in feflions may remove the faid gover- mafter. nor or mafler ; and if any perfon removed by order of (t(- fions fhall refufe or neglecl to quit pofTellion, for ten days after notice given him in writing bv the cleric of the peace, any two juflices (on producing to tfiem fuch carder of fel- fions, or an attefted copy thereof, and on ojth of one wit- refsof fuch notice having been given, and of his having refufed or neglected to quit poffeilion) may by their war- rant direfb the fherifF to remove him, who fhall thereupon clear the pofTeiTion as in cafe of a writ of hahere facias poJ~ fejjionem, 17 (?. 2 . c. 5. /". 31. Expences of the . H* ^"^ to defray theexpencesof ereaing, purchafing, whole. hiring, enlarging, altering, and repairing houfes of correc- tion, and of purchafing land to ere£l them upon, and for backfides and outlets, and of fitting up and furnifiiing fuch houfes, and of fending perfons to and from the fame, and maintaining and employing them there, and other n^- cefTary charges, the juflices in feflions may caufe the fame toberaifed in the fame manner as the general county rate; and when the amount thereof fhall exceed one half of the amount of the ordinary annual affefi'ment for the fame, (to be computed at a medium for the lafl five years preceding) the juflices in felTions may, from time to time borrow or mortgage of the faid rates, any fum not lefs than 50I, nor more than lool each, as to them or the major part of them, fuch major part not being lefs than five, fhall appear neceffary, and to fecure the money fo borrowed, by an order figned by the chairman and tv/o juflices prefent at the time of making fuch order, which iiiall be an efFeftual fccurity to the perfon lending the fame; which fecurity may from time to time be afligned by the perfon holding the fame, by indorfing his name on the back thereof: And the faid juflices may or- der the intereft due upon fuch fecurities, and fo much of the principal fum as fliajl be equal at leaft to the faid in- teref!-, to be paid ofFyearlv, at a certain day to be fixed by fuch i^oufe of cowecfion. ^ 6+7 -fuch juftices, until the whole fhall be difcharged; and an account thereof (hall be kept in a book to be provided • by a perfon appointed for that purpofe, which book fhall be delivered into court at every quarter feHions, and fhall be infpe6led by the juftices, who fhall make fuch orders relating thereto as to them fhall feem meet ; and if it fhall appear that the perfon fo appointed, fhall negle6l or delay to apply the money in his hands to the purpofes direct- ed, he. fhall forfeit double the amount thereof; And fuch fecurities fhall be firfl difcharged as fliall bear the higheft intereft : Provided that the wht>le money borrowed be fully paid within 14 years from the time of borrowing the fame, ly G. 2. c. 5. /. 33. 22 G. 3. c. 64. /. 5. 24 <^- 3-/# 2- '^' 55-/ 2, 3,4- . , ^ And the juftices in feflions may fell the materials of any Selling the old old houfe of correction, or the fcite thereof, or any part '^^'^"'*'*- thereof, which fhall not be neceflary for the building, repairing, or enlarging fuch new houfe, and fliall apply the money arifing by fuch fale, to the purpofes aforefaid. 24 (^- 3- Af 2. c. SS' f-S' . . ^ , ^ IS- Thefollowine rules, orders, and regulations, for ^,^"'^'^"°"';- ^ the better government of the perfons to be committed to the faid houfes of correction, fhall be duly obfcrved and inforced in every fuch houfe, fubjedt neverthelefs to fuch additions as ftiall from time to time be made by the jufti- ces at their Midfummeror Michaelmas feffions ; provided that fuch additions fhall not be contradictory to the rules, orders, and regulations here eftablifhed : And for the pur- pofe of having them more generally known, and more itriCtly attended to, the keeper fhall caufe the fame to be printed in plain legible characters, and fixed in fome con- fpicuous part of every fuch houfe of correction. 22 G> 3. c. 64. / 4. ** Rules, orders, and regulations, to be obferved and ** inforced at every houfe of correction provided and efta- *' blifhed, or to be provided and eftablifhed, under the *' authority of the aCts of the feventh year of the reign of " his late majefty king y^w^x the firft, the feventeenth of *' king G^ijr^^^ the fecond, and tne twenty fecond of king *' George the third. " i. That the fevcral perfons, who fhall be committed *' to the houfe of correction to be kept to hard labour, *' fhall be employed (unlefs prevented by ill health) every " day, during their confinement, (except Sundays, Chrift- *' mas day, and Good Friday) for fo many hours as -the *' day light in the different feafons of the year will admit, " not exceeding twelve houi^, being allowed thereout to S f 4 *' reft 64S i^cufe of CDj^ectiou. ** reft half an hour at breakfaft, an hour at dinner, and ** half an hour at fupper, and that the intervals Ihall be '* noticed by the ringing of a bell. '* il. Th-t the governor of each houfe of correction *' fhall adapt ilie various employments, v.hich fh .11 be ** directed by the juftices at their quirce? feiRon?, to each *' perfon in fuch manner as fnall be belt fuited to his or *' her ftrength and ability, regard b'-ing had to age ** and fex. *' III. That the ni lies and females fl^all be employed, *' and fhal) alfo eat and be I dg^ 1, in fcparate apa.tmentN, *' and lliall nave no intcrcouife or communication with ** each oiher. " IV. That every peifon fo coT.m'tted {l)all be fuf- *' tained with bread, md any courfe but who'd, nod, *' and water; but perfons under the rare of the phvficsan, *' furgeon, or apothecary, fhail be fufrd.ned with iuch fuod " and liquor as he (hall direct. *' V. That the governor, and fuch other perfcms (if *' any) as fhall be employed by the jultices to ailift tp.e *' governor, inall be very watchful iind attentive in feeing " that theperfons fo committed are condantly em ,)i.)y' d *' during the hours of work; and if any peribn fhall be *' found remifs or neoligent m performing what is re- " quired to be done by fuch perfon to the beft of his or " her power anc ability, or fhali wiifully wafte, fpoi), or *' damage the goods committed to his or -her care, the " governor fliall puniih every iuch perfon in the manner *' hereafter directed : " VI. That if any perfon fo committed iliall refufe to *' obey the orders given by the governor, or Ihall be guilty " of profane curling or fwearing ; or of any indecent ** behaviour or expjeflion ; or of any afTiulr, quarrel, or *' abufive words, to or with any other perfon ; he or {l;e " fnall be puniQied for the fame in the manner hereafter " dire£ted : *' VII. That the governor fhall have power to pun'fh *' the feveral offenders for the offences herein before de- " fcribed, by ciofer confinement ; and fhall enter in a *' book, to be kept by him for the infpedtion of the jtif- *' (ices at the quarter feflions, and the vifiting juftice or *' julticei, the name of every perfon who fndll be fo pu- " niflied by him, expreffing the oftence, and the duration ♦* of the punifliment infli6led." Form Jjouft of collection. 649 Form of a commitment to the houfe of correction. f T- P' efquirc, one of the jaftices of I (..ur lor:, the* king afBgned to keep I the peace w;ihia the faid county, to Weftmorland. «( the conftable of in the faid j county, and to the keeper of the houie i of correction at in the faid (^county. ^/HESE are to comwandyou the fa'id coTiJiable in his faid majcjiv^s name forthwith to c^/nvey and deliver into the cujiody of the faid keeper of the faid houfe of correilion the body of A. O. being charged be fre me {or ^ lonvitied before me^ or otherwife as the ca(e fhall be : And here fet forth the ofFence.J And you the faid keeper are hereby required to re- ceive the faid A. O. into your cuJlody in the faid houfe of cor - reSiicn, and him there fafely to keep^ until [or, for the fpace of And iierc fet forth the time, and the man- ner of punifhment. Herein fail you not. Given under my hand and Jeal the day of in the jear of^ Concerning Penitentiary houfes for the punifhment ofconvids. See title CranfpOKOtlOjI. ^ue aiiB crp, 1. T" OR D Coke (^\i\\, that-hue and cry (called in an- Meaning of I J cient records huteftum ^^clamor) do mean the fame voids'. thing ; for that huer in French is to hoot or fliout, in Enc- lijh to cry. 2 Inji. 173. 3 Inji. ii6. But fince it appeareth by the old books (of which alfo lord Coke m-ik^ih ohfervation, 1 Infi. 173.) that hue and cry was anciently both by horn and by voice, it may feem that thefetwo words are not fynonymous, but that this hutffium or hooting is by thenar;?, and crying by the voice; with which alfo accordeth the French word huchet^ which flgnineth a huntfman's horn : So that hue and cry in this icn'is will properly fignify a purfuit by horn and by voice. Which kind of purfuit of robbers by blowing a horn, and 650 J^ue and crp. Hue and cry, whac. Watchej to be kept. and by making an outcry, is faid to be pradlifed alfo in Scotland. And this blowing of a horn, by way of notice or in- telligence, in other cafes as well as in the purfuit of fe- lons, feemfth to have been in ufe of very ancient time: for aniongft the laws of Wthtred king of Kitit., in the year 696, this is one; that " if a ftranger gn out of the road, *' and neither fhout nor blow a horn, he (liall be taken *' for a thief." 2. Hue and cry is the old common law procefs after felons, and fuch as have dangereufly wounded any-perfon : And this liath received great countenance and authority by feveral acts of parliament. 2 H. H, 98. 3. To prevent felonies ; In walled towns the gates fliail be (hut from fun fetting to fun rifing: and none fhall lodge without the town, from nine of the clock till day, unlefo his hoft will an(wer for him. In other towns, watches (hall be kept: and if a watchman arreft a night walker, and he difobey and flv, the watchman niay make hue and cry. 13 Ed. \. fl. 2. f. 4. . ,. .„ ^ 4..- When any felony is committed, or any perfon is Application to^^ -' ^ ,.' /r*"' the conftable. grievcufly and dangerouily wounded, or any perfon af- faulted and offered to be robbed, either in the day or night; the party grieved, or anv other, msv refort to the conftable of the vill ; and, i. Give him fuch reafonable ad'urance thereof, as the nature of the cafe will bear. 2. If he knows the nsme of him that did it, he muft tell the conftable the fame. 3. If he knows it nor, but can defcribe hirn, he muft defcribe his perfon, or his habit, or his norfe, or fucn circuniftances as he knows, which may conduce to his difcovery. 4. If the tning.be done in the right, fo that he knows none of thefe circumilances, he mud mention the number of the perfuns, or the way they took. 5. If none of all thefe can be difcovered, as where a roberry, or burglary, or felony is committed in the nioht, yet they are to acquaint the conftable vi'ith the fad}, and defire him to fearch in his town for fufpecled perfons, and to make hue and cry afier fuch as may be probably fufpedled, as being perfons vagrant in the fame night; for many circumftances may ex poji facio be ufeful for difcovenna; a malefador, which cannot be at firft found. 2 H. H. 100, lor. 3 Z'^. 116. 5, For levying hue and cry, altho' it is a good courfe to have the warrant (A) of a juftice of the peace, when time will permit, in order to prevent caufelefs hue and cry ; yet by the frame of the ftatues, it is by no means neceflary, nor is it always convenient j for the ftlon may eicape Juftice's war lant. i^ue anfi crp. 651 efcape before the warrant be obtained, and hue and cry was part of the law, before juftices of the peace were firit inflituted. 2 H. H. 99. 6. And theciuty of cne coiulable is, to raife the power Co,^l^able to of the town, as well in the nieht as in the day, for the ™'' ''"■" '°"-'** prol'ecution of the ofFender. 3/9'?. il6. 7. And upon hue and crv levied agiinf!: any perfcn, or ■^"'^ to fearch. where any hue and cry comes to a conftable, whether the perfon be certain or uncertain, ihe conflable may fearch fufpe6^ed places within his vill, for the apprehending of the felons. 2 H, H, 103. 8. But tho' he may fearch fufpeded places or houfes, ^'■"'^'"«'^°'^^« yet his entry muft be by the doors being open; for he cannot break open doors barely to fearch, unlefs the perfon againft whom the hue and cry is levied be there, and then it is true he may ; therefore in cafe of fuch a fearch the breaking open the door is at his ptril, namely, juftifi- ablc, if he be there; not juftifiable, if he be not there: But it muil be always remembered, that in cafe of break- ing open a door, there mufl; be firil a notice given to them within of his bufinefs, and a demand of entrance, and a refufal, before the doors can be broken. 2 H. H, 103. 2 Haw. 86. g. If the perfon, againfl whom the hue and cry is raif- Notice to tJie ed, be not found in the conftablewick, then the conftable 'i'^*' <:cnftab;e, fhall give notice to the next conftable, and he to the next, until the' ofFender be found, or till they come to the fea- Ade. And this was the law before the concjueft. 3 Injl. 116. JO. And the officer of the town v.'here the felony wasAndtotht' done, as alfo every ofHcer to v^hom the hue and cry fhall "^*'« afterwards come, ought to fend to every ocher town round about him, and not to one next town only. And in fuch cafes it is needful to give notice in writing (to the pur- fuers) of the things Itolen, and of the colour and marks thereof, as alfo to defcribe the perfon of the felon, his ap- parel, horfe, and the like, and whicli way he is gone, if It may be. Dalt. c. 54. II. But if the hue and cry be upon a robbery, buro;- What ^ja'llie lary, manflaughtcr, or other felony committed, but the '^°"" ^'^'^'^^ '''* r ^L 1- J L r n ■ -1 T ' 1 /• •. ■ . perlon cannot perlon that did the tadt is neither known nor defcribable be deicrilsed. by perfon, clothes, or the like, yet fuch a hue and cry is good, as hath been faid, and muff be purfued, tho' no per- fon certain be named or defcribed. 2 H. H. 103. And therefore in this cafe, all that can be done is, for thofe that purfue the hue and cry, to take fuch perfons as they have probable caufe to fufpc6tj as for inftance, fuch 652 ^ntanhtx^. fuch perfons as are vagrants, or fuch rufpicious perfons as come late into their inn or lodgings, and give no r;. Ton- able account where thev had been, and the like. Id. All perfons ftaii 12. By the ftatiite of the -^Ed. i. e.g. All fhall be fo'low the hue ready, and apparelled, at the commandment and 'u,-nmons and cry. offliv'Tiffs (or conftables, 2 /^y?. 171.) and at the cry of the country, to fue and arreft felons 5 on pain of a griev- ous fine. Andifdrfault be found in the lord of the fran- chife, the king {hall take the franchife to bimfelf; and if in the fiierifF or other officer, they {ha'; have one year's imprifonment, and (hall make a grievous fine. And by the {h'^ute of the 13 E^. \. Jl. 1. c. \, It is likev/ife enafted, that immediatelv upon robberies and felonies committed, freih ruit{h-.ll be made, from town to town, and from county to county. And no hue and cry (hall be lawful, except it be by horfemen and footmen. ?.'] El. c. 13./. 10. And the life of hue and cry is frefh fuir. vj /«/?. i ly, „ , . . I ?. If the perfon purfued by hue and cry be in a houfe. Breaking doors ,^. , ^ r. ^ j c r ^ l j j toaneftupon and t |iie doors are Jnut, and retuien to be uppned o!i de- purfuit. mand of the cnnfiable, and notification of his buhnefs, he nray break open the doors ; and this he may do in any cafe where he may arreft, though it be only a fufpicion of felony ; for it is for the king and commonwealth, and therefore a virtuiil r?on owiftas is in the cafe: And the fime law is, upon a dangerous wound given, and a hue and cry levied upon the ofrender. 2 H. H. 102. 14. And it feems in this cafe, that if he cannot be Kilhnginthe othervvife taken, he may be killed : and the neceiTuy ex- BUrlUlt. nil t J TT cufeth the conftable. 2 H. H. 102. Arreting an in- 15- If hue and cry be railed againft a perfon certain nocent perfon. for felony, though pofiiblyhe is innocent j yet the con- ftables, and thole that follow the hue and cry, may ar- re{I and imprifon him in the common gaol, or carry him to a juftice of the peace, to be examined where he was at the time of the felony committed, and the like. 2 H, H. 1 02. Arreting a per. i6. If the hue and cry be not againft a perfon certain, fon by defirip- but by dcfcrlption of h's {latu'e, perfon, clothes, hoile, *'""* and the like ; yet the hue and cry doth juftify the con- {lable or other perfon following it, in apprehending the perfon fo defcribed, wheth:r innocent or guilty : For that is his warrant; it is a kind of procefs that the law allows of, not ufual mother cafes, namely, to arrelt a per.'oa by defcription. 2 H. H. 103. Cafe of arreting ly. In cafe of hue and cry once r.ifed and levied, on upon hue and fuppofal of a fcloHy Committed, though in truth there was cry livied with- ' « r ^ ' o out c^ufc. ^9 ctuu Ct|^ 653 no felony committed, yet thofe that purfue hue and cry, may arreft and proceed, as if fo be a felony had been really committed. And therefore the juftification of an imprifonment by a perfon upon fufpicion, and by a perfon (efpecially a c^n- flable) upon hue and cry levied, do extremely differ ; for in the former caie, there mufi: be a felony averred to be done, and it is iffuable ; but in the latter, to wit, upon hue and cry it need not be averred, but the hue and cry levied upon information of a felony is fufficient, though perchance the information werefalfe. And the reafons hereof are thefe ; r. Becaufe the con- ftable cannot examine the truth or falfehood of the fuggef- tion of him that firfl: levied it, for he cannot adminlfter to him an oath ; and ifhefhould forbear his purfuit of the hue and cry till it be examined by a juftice of the peace, the felon might efcape, and the purfuit would be loft and fiuitlefs. 2. Becaufe the conftiible is by the feveral a(5ts of parliament compellable to purfue hue and cry; and he is puniHiable, andfo are thofe of the vill, if they do it not, ^. Becaufe he th.U firft raifeth a hue and cry, where no felony is committed, that is, he who giveth the falfe information, is feverely punifbable by fine and imprifon- m,ent, if the information be falfe. ' And therefore if he raife hue and cry upon a perfon that is innocent, yet they that purfue the hue and cry may juf- tify the imprifonment of that innocent perfon ; and the raifer ispunifhable : And by the fame rcafon, if he give notice of a felony committed, where there was in truth none. And here the juftification of the imprifonment is mixed, partly upon the hue and cry^ and partly upon their owii lufpicion ; and therefore, i. In refpedt that it is upon hue and cry there needs no averment, that the Mony was do^e, if the arreft be by that conftable that firft received the information, and fo raifed the hue and cry ; or if the arreft were made by that conftable, or thofe viUs to whom the hue and cry came at the fecond hand, it muft be averred that fuch a hue and cry came to them, purporting fuch a felony tobedon-^. 2. But alfo inafmuch as' the hue and cry neiiher names nor defcribcs the perfon of the felon, but only the felony committed, and therefore the arreft of this or that particular perfon is left to the fufpi- cion and difcretion of the conttable, or of the people of the fecond or third vill, he that arrefts any perfon upon fuch general hue and cry, muft aver that he fufpedled, and lh?w a rcdfonable caufc of fufpicion. But 6^4 ^u? anD cm But now bj the i^atj:? of 7 y. c. 5. the conftable, cr any that "come to his aiEftance, even in this cafe of hue and cry tr.ay plead the g*ner^l iffue, and gi*e the whole matter of the ji:ilification in evidence; for the purfuit of hue and cry, tho' performed by others as well as the con- ftftble, is priccipally the aSof the conftableof the vill, and the others are but as his deputies or afi&f^ants, within the p^fcinch of their conftiblevs^ick. 2 H. H. loi, 2, 3, 4. PsrftcstiV;^ 1 3. It feems that they who are taken upon freih hut and oaiiusair-icry. cry, aTC HOt bailable, as being to be accouottd amor.sll fer»fe^EaLL- jhofe perfcHS, who are ur.der a violent prefutnption of •^ guilr. 2 H^'. 98. High coGiabiss^ 19- Br the 1 3 £i. i.>;. 2. c.b. Condables of hundreds to fs=r<3:t thifa fhsli be chafer:, who fn^-l pre fent before juftices aiB^ned, wicpirfcsEC!: defaults of the fuits cf tcwns, and -all fuch as loise i.is sisi cTT. -, . ,,.fl . . ti" ftrangers la l:.;.-...^ ::v.r;. rjr whcm they wiU no: aofwer. Pa-lHi=^- --" 20. And :;.= . /,. .^.■. '.: . ?; -jt hL'e and cry, or purfue n<-t tkife^ii-ii-^^ upoQ hue arid crv, ai^y ^e indicted, fined, and imprifoned. .,:h^-c-7.^^., 117- p__^,^f-j;, 21. Aci it Is an article cf the leet to inquire of hues l^z-jD izijaixc azd cties levied and not purfued. i3 Ed. 2. ~. V^irrant to isvy hue and err on a rcbber,' having been commirred. r To 2_1 conitables and other oficers, as -,- n , « 3 well in the faid ccunty of //V^msrAzwd', as V. =trn:G::ara. 'j . . . , - -' . . - ; t\e7. lere, to wh&ni the execution here- ''cfi-raor fh ill belong. Jf^HEP^EA^ ... :. -y ir. :hi aunty cf jmnasy bath this day made infarmatiin upsn eatky hrfart me J. P. efqulre^ are sf his rzaje.Qy^s jujtices ef the t;sce :r. a^d far the fcid czuntj tf V/. that en this prefnt ^£37 ef in the • - year cf the reign ef betvjixt the ht'u^s Sj thru and fiur in th: aftermcn tfthefanu dcjy at a -place called -^— — in the faid c$untj cf \V". in the k:-^fs 'righ-VLay there^ tvwi maUfiStzrs arJi f elans, is ciTH thefaid A. I, ttntnizwi^ in and u^sn htm the laid A. I. thm artd the^t IxiKg in the peace cfGid and cf cur Isrd the king, fetsniivfy did met! an affault, arji him the faid A.I. then and there fihniisv fly did put in great fear and danger cf hii life, and ihi fumef cf lavuful m.nej tf G'eat Britain, »f tie gfsis end chattels of him the fcid A.I. frcm the perftn, and agmrjl the -will sf him thefaid A. I. thin arJ. there violtntly and 2 /, 2.1. In .he c.fc (.f K. -^i-A Bahnc, T. i-j G. •^. The defcn- d.nts were indicit-d for difobeying an order of jjftices on the (larute 13 G-- 3- ^- 78. for ihe widening; cf a high- v/av. It WaS objedtcd, that a lummary method of pro- ceeding berorc the juftices being direcSlcd by the ftatute, the profecution ought to have been in that form, and YioC by way of inditSinieiit. But by the court, dii'ubeying an order of juftices is an offence at cotrmon law; and there- fore the profecutor might proceed either way : the penalty given by the llatuie is only accumulative. Cswper. 648. Iff. fVitbin what irr,i2 an indiSiment Jhall he brought. Ey th? 31 El. c. 5. All indiftments upon any flatute penal, wherebv the forfeiture is limited to the king, fhali be fued w thin two years after the oft^^nce committed ; if the forfeiture is limited to the king and pr^fecutor, the fuit flja!} hy aforefaid in the county aforefaid, in manner and form aforefaid, feionicufly did kill ; again/7 the peace of our faid lord the now king, his crczcn and digniiy, and againfi the form of theflaiute in Juch cafe made and provided, IVcJimorland'] The name of the county mufi: be in the margin, or repeated in the body of the caption. 2 H.H, l66. At the general quarter ffpons of the pcaee'] The court where the indictment is made, rnuft be exprefTed ; other- wife the caption is erroneous, i H. H. i66. 2 Haw,, Holder. ^nhi&mtnt. 665 HoUen at Appleby in and for the county aforefa'td'] It mtift appear where the feffions was held ; and that the place, where it was held, is within the extent of the commiflion. 2 H. H. 166. The feventh day of April in the fir/i year of the reign of our Jovercign lord Qeorge the ihirdl It hath been adjudged, that if the caption ofti^.e indidtment defcribetbe feffions holden in the time paft, and not in the time prefent ; or as holden on fuch a day in fuch a year of the king, without afcer- taining what king, it is infufficient. But it feems to be agreed, th.it it is fufficient to exprefs the year of the king, without adding that of our Lord. 2 Haw. 255, The feventh day'\ Figures to exprefs numbeis are not al- lowable in an indictment; but numbers muft be exprefled in words. 2 H. H. 170. Cr. Cir. 109. J^ndr. 137. H. II G. 2. K. and Haddock. Or at lealt in Roman nu- merals. Sir. 261. H. 6 G. K. and Philips. Before J. P. and K. P efqnires., and others their afjociates'l It is not neceffary to name all the juftices, but only fa many as are enabled to hold a feflions, and the reft may be fupplied by the words and others their ajfociates. 1 H. H. 167. And altho' no feiuons cari be held without one of the juflices being of the quorum., yet in the caption there need not be any mention which of them, or whether any of them, are of the quorum.^ for it is fufiiciei)t if ue fa-rio x.\kq fe.'lions be held bel-ore him or them that are of the quorutn., altho' not fo mentioned, and fo is the ufualcourfe. 2 H. H. 167. And alfo to hear and determine., &c.J Thefs words are nc- cc'liarv, becaiife without this claufe ( hy the comniiinon) they cannot proceed by ladidment. 2 H, H. 166. Sir. 44.2- By the oaih^ If the caption concludes that // is prefent ed without faying on their oath., it iliall be quafhed ; for their prcrcntmcnt muft be upon oath, and fo returned. 2 H. H. 168. By lie oath :f ] It mufl name the jurors that pre- fented the oflencc ; and therefore by the oath o^ A.B. CD. and others, is not good ; for it may be the prefcntment was by a lefs number than 12, or that feme one of them .■K^-js incapacitated who might influence all the red, as for inftance 666 3JnmUmetit. ini^ance a pwfoh outlawed ; in which ca/e the indi^t- iTirnt may bequafiied by plea. 2 H. H. 167. G$od and '.awful men of the county aforefaid'\ Thefe words alfo, lor" ^/<2/^ faith, are neceffary. 2 H. H. 167. But Mr. Ha-.y sUy^, they have been often over-ruled ; be- cau'e all men jhall be intended to be honeft and lawful, till the contrary appear. 2 Haw. 215. Sworn and charged to inquire for our fald lord the ktng^ and for trs body of the county aforejaia\ Thefe words alfo feem requifite to be inferted. 2 H. H. 167. But yet do not Teem to be abfolutely necefTary. L. Raym, 710. // is prefented ; that John Armft ong, late o/"Appleby in the county aforefaid^ ^eoinan'] The name of the party indicted regularly ought to be inferted, and inferted truly ia every indiciment. 2//. H. 175. But the inhabitants of a parifli, may be indicted for not repairing the highway, although noperfoa is particularly named. IVood, b. 4. c. 5. It is faid that no perfon indi£led can take any advantage of a miftaken furname in the indidtment, notwithflanding fuch furname hath no manner of affinity with its true one, and he was never known bv it. 2 Haw. 230, i, 2, 3. 2//. H. 176. But the miftake in the chrJftian name is pleadable, and the party fhall be difmilTed from that indidtment. 2 H. B.i-b. But the fafeil way is to allow his plea of nufmmer, both as to his furname and as to his chrifhan name, for he that pleads mifnomer of either, mull: in the fame plea fet forth what his true name is, and then he concludes himfelf, and if the grand jury be not difcharged, the indidtment may prefently be aniended by the grand iury, and returned ac- cording to the name he gives nimlelf. 2 H. H. I'jd. Alfo an indictment naming the defendant by two chrif* tiaa names is not good. L. Raym. 562. If the county is in the margin, and the indidment fets forth the act to be dohe at fuch a place in the county afore- faid^ it is good, for it refers to the county 'n the margin j but if theic be two counties named, one in the margin, and another in the addition of any party, or in the recital of an adt of parliament,, the fadl laid at fuch a. place ia the county aforefaid vitiates the indidtment, becaufe two counties are named before, and therefore it is uncertain to which It refers. QcwnCir. 115, 116. I By 667 By the 1 H. 5. c. 5. In all indi£l:ments on which pro- -cefs of outlawry lieth, to the names of the defendants ad- ditions fliall be made of their eftate, or degree, or miftery, an(;l of the towns, or hamlets, or places, and counties where they were or be converfant. But altho' the defendant be indidled by a wrong name or addition, or with no addition, yet if he appear, and plead not guilty, without taking advantage of that defeat, he {hall never alledge the mifnomer or want of addition to ftop his trial or judgment j for by fuch his appearance, and pleading to ifTue, the indifStment is affirmed, and the mif- nomer or want of addition falved. 2 H> H. 176. And if fcveral perfons be indi£led for one offence, mifno- mer or want of addition of one, quafheth the indiiiment only againft him, and the reft fhall be put to anfwer; for they are inlaw as feveral indictments. 2 H. H. I'j'j. And it is the common practice, where an indidment is infufficient, while the grand jury is before the court, to amend it by their confent, in a matter of form as the name or addition of the party, or the like. 2 Haw, 245. Not having God before his eyes, but being moved and /educed hy the injiigation of the devil] I do not find it afTerced by any authority, that thefe words are neceflary in an indiiS- ment. On the thirtieth day of March in the firji year of the reign^ &c.] No indiiSlment can be good, without precifely fhew- ing a certain day of the material fads alledged in it. 2 Haw. 235. And if the ofFence be done in the night, before mid- night, the indictment (hall fuppofe it to be done in the day before; and if it happen after midnighr, then itmuftfay, it was done that day after. Lamb. 492. And altho* the day be inferted, yet if the year is not likewifeinferted, the indidtment is infufficient. 2 H. H, I'J'J. But where an indl(£tment charges a man with a bare omifiion, as not fcouring fuch a ditch, it is faid, that it needs not faew any time. 2 Haw. 236. It is moft regular to fet forth the year, by (hewing the year of the king ; yet this maybe difpenfed with for fpe- cial reafons, if the very year be other wife fuffiiiently ex- prefTed, % Haw. 236. And if it fay, on fuch a day laft paft, without fhewing in what year, that is good enough ; for the certainty may be found out by the ftyle of the feffions. Lamb. 491. But 668 "^nhiumtnt But tho' the day or year be miftaken In the indictment, yet if the ofFcr.ce were committed in the fatne county, tho' at another time, the offender ought to be found guilty : but then it may be requifitc, if any efcheat or forfeiture of land be conceived in the cafe, for the petit jury to (iiid the true time of the offence committed ; and therefore it is befl in the indictment to fet down the time as truly as can be, tho' it be not of abfolute neceJdity to the defendant's «on- vi£ti:;n. 2 H.H. 179. And this the rather, becaufe thejury are to find the in- di6tment upon their oaths. Dalt. c, 1S4. Upon which ground, namely, becault thejury are fwom to prefent the triith, it is beft to lay all the fadts in the in- di<^m:ent as near to the truth as may be ; and not to fay, in an indi£tment for a fmall afTault (for inftance) wherein the perfon affaulted received little cr no bodily hurt, thatfuch a ov>t with fwords^Jiaves^ and pijiols^ beat, bruifed and ivound' ed him, Jo that hii life ivai greatly dejpaired of; nor to fay in an indictment for an highway being obftru£led, that the king's fubjecSts cannot go thereon, without mamfejl danger of their lives ; and the like. Which kind of v/ords, as they are not at all necefi'ary, fo they may Ifagger an honeil marj ■upon his oath, to find the facl as fp laid. At the hour of nine in the afternoon of the fame da)'\ It is rot nectffary to m.ention the hour^ iti an indictment. 2 Haw. 235. With force and arms'] By the 37 H. 8. :. 8. it is enabl- ed, that whereas it had been commonly ufed in indi£l- raents, to put in the fame words vi i^ armis, and in di- ^'ers of the fame indi£lm.ents to declare the manner of the force and arms, viz. baculis, cuhellisy arcuhus, l3 fagittis^ or fuch like, where in truth the parties had no manner of fuch weapons at the time oi the clter.ce com.mit- ted ; therefore for the future, thefe words, or fuch like, Ihall not of neciffity be put in any inquihtion cr indidi- ment. But yet where fuch words are proper and pertinent, it is fafe and advifeable to infert them, if it be to no other purpofe than to aggravate the ofxence. 2 Havj. 242. At Appleby nforefaid^ in the county a fore fui a] No Indi£l- inent can be good, without exprefsly {hewing fome place wherein the offence was committed, which mufl appear to have been within the jurifdisSlion of ihe court. 2 tiav.-. 236. But But a mift.»ke of the place will not be material upon the cviJerue, on not guiky jileaded, if the fact be proved at fome other place in the fame county. 2 Haw. 237. And it is not fufncient that the county be exprefFed in the margent, but the vill where the offence was commit- ted muft be alledged to be in the county named in the margentj or, in the county oforejaid^ which feems to be fufficient where but one county is named before, but to be uncertain where a county is named in the body of the in- didlment different from that in the margent. 2 Haw. 220. 2 H. H. 180, In and upon one George Harrifon] Wherever the perfon injured is known to the jurors, his name ought to be put in the indictment. 2 Haiv. IT^I' But if they know not his name, an indi£lment for the murder of a perfon unknown, or for ftealing the goods of a perf(;n unknown, is good. 2 //. H. 181. Alfo there is no need of an addition of the perfon upon whom the offence is committed, unlefs there be a plurali- ty of perions of the fame name ; neither then is it elTential to the indi6tment, tho' fometiines it may be convenient for diftinction fake to add it. 2 H. H. 182. /;; the peace of Gnl, and of our faid lord the klngy then and there being] It is ufual to alledge this, but not neceffary, and pofTibly not true, for he might be breaking the peace at the time, 2 H. H. 186. The rtforefaid George Harrifon not having any weapon then drawn, nor the aforcfaid George Harrifon having firjl liricken . the faid John ArmftrongJ An iiididment grounded upon an offence made by a6l of parliament, muft by expiefs words bring the offence within the fubftantial defcriptioa made in the a6l of parliament; and ti-.ofe circumflances mentioned in the ftatute to make up the offence, {hall not be fupplied by the general condufion againji the form of the Jlatute. 2 H. H. 170. And fo it is, if an a6t of parliament ouft clergy in cer- tain cafes, as wwxxA^x if malice forethought^ robbery in or near the highway^ though the oftences themfelves were at common law, yet becaufe at common law within clergy, they fliall not be oufted of clergy, though convicted, un- lefs thefe circumfi:ance«, z% oi malice forethought, ov near the highway, be expreffcd in the indiftment. 2 H. //. 170. Hut there is no neceflity in an indiilment on a publick ftatute, to lecite fuch ftutute ; for the judges are bound (X 670 ex o^clo to take notice of all publick ftatutes, 2 //<;«;« 245- Yet if the profecutor take upon him to recite it, and materially vary from a fubftanr al part of 'he purview of the ftatute, and conclude aga'njl the form of ihe ftalute afore- faid^ he vitiates the indiftmcnt. 2 HiW. 24.6. Alfoit feems to be genrraliy agreed, that a mifrecital of the place or day at which the p^liament was holden, vitiates an indiflment. 2 Haw. lii/^. And it hath been adjudged, that a mifrecital of the title of a ftatute is fatal. 2 Haw. 2A'J- But there is no need to alledge in an Indidment, that the defendant is not within the benefit of the provifoes of the ftatute; although the fame may be neceftary in a con- viSiion : for fince no plea can be admitted tu aconvi£lion, and the defendant can have no reoiedy againft it, but from an exception to fome defeat appearing in the face of it, and all the proceedings are in a fumniary manner, it is but lea- fonable that fuch a conviction fbould have the higheft certain./, z Haw. 250. 2 H. H. 170, i. Feknloufly did make an offault^ There are feveral words of art which the lav/ hath appropriated for the defcription of the offence, which no circumlocution will fupplv; as feloraoufy^ in the indictment of any felony j burglariouJJy, in an indictment of burglary ; i.nd the like. 2 H. H. 184. And if a man be indidted that \\z Jlde^ and it is not faid feloniouf.j^ this indidtment imports but atrefpafs. 2 H. H. 172. Wiih a certain fzcord drazvn] Yet if the party were kill- ed with another weapon, it maintain"- the indictment ; but if it v/ere with auother kind of death, as poifoning, or Itranglinff, ic doth not maintain the indiflmcnt upon evi- dence. 2 H. H. 185. 0/ the value of Jjve Jbillifjgs] Regularly it ought to fet forth the price of the fword or v/eapon, or eife fay of no value; for the weapon is a deodand forfeited to the king, and the townfhip faall be charged for the va!ue, if deli- vered to them ; but this feems not to be efTential to the in- diftment. 2 H. H. 185. If^hich he the faid ]ohn Arm^rong in his right hand then and there had and held] It muft fnew in what hand he held his fword. 2H. H. 185. In and upon the right fide of the belly near the JJ)ort ribs cf him the [aid George HarrifonJ There muft be a certainty of the offence committed, and nothing material fhali be taken by "^vMttmmt 671 by intendment or implication ; but the fpecial manner of tlie whole fatT: ought to be fet forth with certainty. 2 Haiv. 225, 227. And therefore in the cafe of murder, it ought to fhew In what part of the body the perfon was wounded: and therefore if it be on his arm, or hand or fide, with- out faying whether right or left, it is not good. 2 H. H. iSs. If theft be alledged in any thing, the indictment nr.uft fet forth the value of the thing ftolen j that it may appear whether it be grand or petit larceny. 2 H. H. 183. In like manner, an indictment that the defendant took and carried .'way fuch a perfon's goods and chattels, v/ith- out fliewing what in certain, as one horfe, one cow, is not good. 2 H. H. 182. An indictment that the defendant is a common high- wayman, a common defamer, a common diflurber of the peace, and the like, is not good; becauie it is too ge- neral, and contains not the particular matter wherein the offence was committed. 2 H. H. 182. In like manner an indiClment for divers fcandalous, threatning and contemptuous words, fpoken of a juftice of the peace, is not good, but ought to fet forth the words in fpecial. Str. 699. An indi<£lmerit for difobeying an order of juftices, muft find pofitively, that fuch an order was made, and not by way of recital, that vjhereas — L. Raym. But in an indiCtment on a conviction, it is not necef- fary to fet forth the conviction at large, but only fhortly that fuch a one was before fuch and fuch juftices conviCled, according to the form of the ftatute, and thereupon a war- rant was ifl'ued, iJc. L, Raym. 1196. Then and there felonioujly didjlah and thrvjl'] In an indict- ment it is beft, and often neceffary, to repeat the time and place, to the feveral parts of the fact. 2 H. H. 178. Thus in an indiCtment of murder or manfldughter, as well the day and place of the ftroke, or other aCt done, as of the death, muft be exprefled ; the former, becaufe the efcheat or forfeiture of lands relates thereto; the latter, becaufe it muft appear that the death was Within the year and day after the ftroke. 2 if. //. 179. One mortal wound of the breadth of one inch, and of the depth of nine inches^ Regularly the length and depth of the wound is to be fhev/ed; but this is not neceflary in ail cafes. 672 "^nU^mznt cafes, a> namely, where a limb is cut ofF, fo it may ht alio a dry blow. 2 H H. 186. But though the manner and place of the hurt and its nature be requifire, ?.s to the formality of the indidlment, and it is fit to b^ done as near the truth as may be ; yet if upon evidence it appeaf to be another kind of wound in another place, if the party died of it, it is fufficient to maintain the indictment. 2 H. H. 186. Jga'injf the peace of our faidkrd the king'] An indiflment without concluding ajainft ihe peace^ is infufEcient, tho' it be but for ufing a trade not having been an apprentice; for every offence againft the ftatute is againf. the peace, and ought. fo to be laid. 2 H H. 1S8. Alfo an indidimeiit thar concludes againft the peace* and faith not of our kid the king, is infufiicient. 2 H* H. i88i Of ciir fa'id lord the king\ An indi^iment for an ciFer.ce conunitied in tiic time of the late king, and concluding againfi: the peace of the prefent king, is not fulScient. Burr. Mans f. 19CI. K. Ziid Looiup. His crown and dignity^ An indictment need not con- clude cgain/i his c^ own and dignity, though it be ufual in many indictments. 1 H. H. 188. And againft the form of the fidtute in fuch cafe made and provided] Regularly, if a ftatute only make an offence, or alter an cfrencc from one crime to another, as making a bare mifdtmeanor to become a felony, the indictment for fiich new made ofrence, or new made felony, muft conclude againft the form, of the ftatute, or otherwife it is infuffi- cient. 2 H. H. 192. But it a man be indiCled for an oiTcnce, which was at ccmrr.on law, and concludes againft the form of the fla- tute, but in truth it is not brought by the indictment within the ftatute, it fhail be quafhed and the party fliall not be put to anfwer it as an oflence at common law, 2 H. H. 171. And if an ofrence were felony at common law, but a fpecial act of parliament oufts the offender of fome benefit that the common law allowed him, when certain circum^ ftances are in the fact ; though the body of fuch in- di£tment muft exprefs thofe circumftances, according as they are prefcribed in the ftatute, yet the indiftment need not conclude againft the form of the ftatute : Thus on the Itatute of the 8 EL c. 4. in cafe of pick-pockets, the body 673 body of the indiilment muft bring them within the ex- prefs purvifwcf the ftatute, or otherwife they fhall have the benefit of cltrgy ; but it need not conclude againft the form of the ftatute, neither is it ufual in Inch cafes, for it w^s felony before, and the ftatute doth not give a new punifliment, nor make it to be a crime of another nature, but only takes away clergy. But yet, if it (hould conclude in fuch cafe againft the form of the ftatute, it would not viti !te the indidment, but would be only fur- pi ufage. 2 H. H. 190. If an a6i of parliament, making an ofFence, be but tem- porary, ard maue perpetual by another ftatute, th ; indidl- ment concluding againft the form of the Jiatute, is good. 2 H. H. 137. If the former ftatute be difcontinued, and revived by another ftatute, the beft way is to conclude againft the form of the /?(3/«^^j ; tho' there is good opinion, that it is good enough to conclude againft the form of the firft ftatute. 2 H. H. 173. If one ftatute be relative to anciher, as where the for- mer mikes the ofFence, and the latter adds a penalty j the indidment ought to conclude againft the form of the Jiutuies. 2 H. H. 173. X, Charges of an indi^ment. By the 10 y 11 W. c. 23. No clerk of affize, clerk of the peace, or other perfon, fliall take any fee of any perfon bound over to give evidence againft a traitor or fe- lon, for thedifcharge of his recognizance; nor ihall take more than 2 s for drawing any bill of indictment againft any fuch felon : On pain ot 5 1 to the party grieved, with full cofts. And if he draw a bill defciSive, he fhall draw a new ont gratis^ on the like pain. For the drawing of indictments for other mifdemeanors, not being treafon or ielony, no fee is limited by any fta- tute : And therefore the fame dependeth upon the cuftom and ancient ufuage. XL Acquittal on an indi^fment. By the 14 G. 3. c. 20. Every perfon charged with any felony or other crime, who fhall on his trial be ac- quitted, or againft whom n) indi£tnent fhall be found by the grand jury, or who ftiall be dTcharged by procla- mation for want of profecution, > fhall be imaicdiately Vol. II. U u fet 6;+ '^nntstmmt fjfet at large in open court, without payment of any fee to \thefberifFor gaoler: but in lieu thereof, the treafurer, on ;^a cert ficate figned by one of the judges or juftices before I'whom fuch prifoner (hall hive been (iifcharged, fhall pay [out of the general rate of the county or diftndl fuch fuoi ;'as hrtth beenulually paid not exceeding 13 < ^d. 'i But an a£lion cannot be brought by the perfon acquit- 'ted againft the profecutor of the indidment, without ob- taining a copy of the record of his indictment and ac- quittal; which in profecutions for felony, it is not ufual to gram, if there is any, the leaft, probable caufe to found fuch profecution upon. For it would be a very great difcouragement to the public jufticeof thekmgdom, if profecutors, who had a tolerable ground or fufpicion, were liable to be (ued at law whenever their indi^ments milcarried. But an adlion on the cafe for a mali- cif us profecution may be founded on fuch an indictment whe.eon no acquittal can be, as if it be rejected by the grand jury, or be coram non judice^ or be infuiHciently drawn ; for it i«; not the danger of the plaintiff, but the fcandal, vexation and expence, upon which this action is founded. However, any probable caufe for preferring it isfufficient to juftify the defendant, provided it doth, not appear that the profecution was malicious. ^ Black. 126. £urr. Mans/, igjl. T. 2 G. 3. Morrifon and Kelly. At the fittings in Mid- dUfex, an attion came on to be tried, for a malicious profe- cution, in indidling the plaintiff for keeping a difordcrly houfe. To prove the fa£l, the clerk of the peace for the //^^w/n/?^r feflions attended, with the original record of the acquittal. It v/as objeCled, that :here ought to be a copy of the record granted b) the court htfoie which the acquittal is had, in order to ground an aCtion for a ma» licious profecution. But it was ruled by lord Mansfield^ Thattho' this is neccffary, where the party is indided fov felony y yet the practice is otherwife in cafe of miide- meanors. Black. Rep. 385. Condition cf a recognizance to prefer a bill of in- diftment. CT*// E condition of this recognizance is fuch. That if the above bound A. I. Jhall perfonally appear at the next general quarter fejjions cf the peace to be holden at — — — in and for the faid county., and then and there prefer a bill of in- di6imentaad relnted to the coroner and his jury. The juftice very prudently deferred proceeding to a commitment, till the boy fhould have an opportunity of recolledling himfelf. Accordingly he warned hirn of the danger he was in, if he fhould be thought guilty of the facl he flood charged with, and adaionifhed him not to wrong himfelf; and tlfen ordered h.minto a room, where none of the crowd that attended fhould have accefs to him. When the boy had been Tome hours in this room, where victuals and drink were provided |"or him, he was brought a fe- cond cimc Dtfore the juflice, and then he repeated his former confefHon: Upon which he was committed to gaol. On the trial, evidence was given of the declarations beiore mentioned to hr.ve been made before the coroner and his jury, and before thejuflce; and of many decla- rations to the fame purpofe, Vf h;ch the boy made to other people after he came to g^ol, and eve'i down to the day of his trial. Fur he conftantly told thefcme flory in fub- ft..ncc, commonly adding that the devil put him upon committing the fatt. Upon this evidence, with fome other circuaiflances tending to corroborate the confeflion, he was convicted. Upon this report of the chief juflice, tht judges having taken time to confider of it, unani- m-ufly agreed, i That the declarations flated in there- port vi/ere evidence proper to be left to the jury. 2. Tnat fuppofing the boy to have been guilty of the fadt, '.here are A) m- ny circumftances ftated in the report which are und'ubtedly tokens of what lord cn:ef juflice Hale fome- where called a mijchievous difcretion^ that he is certainly a proper objedt for capi'al punifhment, and ought to fufFer. For It would be of very dangerous confequence to have it thought, that children may commit fuch atrocious crimes with impunity. There are many crimes of the mofl heinous nature, fuch as in the prefcnt cafe the murder of youngchildren, poifoning parents or maflers, hurning houfes, and the like, which children are very capable of committing, and which they may in fome circumflances be under firong temptations to commit ; and therefore, though the taking away the life of a boy often years old may favour of cruelty, yet as the exan)ple of this boy's punifljment may be a means of deterring other children from the like offences, and as the fparing this U u 3 boy 678 3Infantfif. boy merely on account of his age will probably have a quite contrary tendency, - in juftice to the publick, the law ought to take its courfe, unlefs there remaineth any doubt touching his guilt. In this general principle all the judges concurred. But two or three of them, out of great tendernefsand caution, advifed the chief juftice to fend another reprieve for the prifoner; fuggefting that it might poflibly appear on further inquiry, that the boy had taken this matter upon himfeif, at the inftigation of feme perfon or other, who hoped by this artifice to fcreen the real offender from juftice. Accordingly, the chief juftice did grant one or two more reprieves j and defired the juftice who took the boy's examination, and alfo fome other perfons in whofe prudence he could confide, to make the ftrifteft inquiry they could into the affair, and make report to him. At length he receiving no further light, determined to fend no more reprieve, and to leave the prifoner to the juftice of the law at the expiration of the laft. But before the expiration of that reprieve, exe- cution was refpited till further order, by warrant from one of the fecretaries of ftate. And at the fummer af- fixes 1757, he had the benefit of his majcfty's pardon, upon condinon of his entring immediately into the fea fervice. Foji. 70. 3. But within feven years of age, there can be no guilt whatfoever of any capital offence: the infant may be chaftized by his parents or tutors, but cannot be capitally puniftied, becaufe he cannot be guilty; and if he be in- dialed for fuch an offence as is in its nature capital, he muft be acquitted. 1 H. H. 19, 20. 4. An infant under 14, is prelumed by law, unable to commit a rape, and therefore it feems cannot be guilty of it J and though in other felonies malitia fupplet atatem in fome cafes, yet it feems as to this fadt the law preiumes him impotent, as well as wanting difcreiion. i H. H, 630. forcible entry. 5. An infant may be guilty of forcible entry, in re- fpe£t of perfonal a£^ual violence, i Hsw. 1^.7. And the juftices may fine him therefore^ Bur yet it fliali be good difcretion in the juftices of '.he peace, to forbear the imprifonment of fuch infant, Dalt. c. lib. Becaufe it is faid, that he fhall not bi 'ut>je£l to corporal puniftiment, by force of the general words of any ftatute, wherein he is not exprefsly nameti. j Haiv, 147. 6. But if one who war\ts ("ifcrecion, commit a trelpafs, againftthe perfon or poffeiUon of another, he (hall ntver- { tbekf) ^nder feven. Comm'ttiBg a rape. Shall be liable to damages for trelpafs. Snlants. 679 thelefs be compelled in a civil a(3ion to give ratisfadlion for the damage, i Haw. 2. i H. H. 15, 16. 7. An infant may bring an appeal, although it take May bring an from the defendant the benefit of waging battle ; but he appeji. muft profecute fuch appeal by a guardian. 2 Haw. 161, 162. An appeal likev^^ife may be brought againft him. 2 Haw. 168. 8. An infant under the age of difcretion cannot be an Cannot be an approver ; becaufe he cannot take the oath requifite in "PP'^'ver. that cafe. 2 Haw. 205. 9. In cafe of a rape committed upon a child of 12 years Howfarhemay old, fuch child may be fworn as evidence; yea if fhe be beawitneis. under that age, if it appear to the court that (he knows and confiders the obligation of an oath, {he may be fworn. And in cafe of evidence againft Witche<;, an in- fant of nine years old was fworn. i H. H. 634. Dalt, 378. 10. ^n infant before 21 years of age fliall not be whether he fworn in an inqueft. 7 W. c. 32./ 4. i Lift. 172. '"'-" *=" " J"'"""- 11. A woman at 9 years of age may have riower ; at Woman's age of 12 may confentto marri^tge : and at 14 i*; of age of difcre- ^."'^^'j "'"■; , 1 \ r 1 7/10 riage, and chuf. tion, and naay chule a guardian. \ Inji. ']q. ing guaidian. 12. A man is of age at 12 years to take the oath of al- Man's ige of legiance in the torn or leet ; and at 14 is of age of dif- allegiance, mar- _^- r ^ ^ • juri.- J- riasp, and chiif- cretion, may conient to marriage, and chuie nis guardi- i„g yardian. an. I ////?. 78. 13. At 21, and not before, perfons may bind them- cannot make a felves by any deed, and alien lands, goods and chattels, ^^eed. 1 Inji. 171. 14. Upon which ground infants may not enter into re- Nor enter into cognizance to keep the peace, or to be of the good beha- »ecognizance. viour, but their fureties only. 15. But an infant may bind himfelf to pay for his ne- May cont aft cefTary meat, drink, appart^I, phyfick, and fuch like ; for neceilanes. and alfo for his good teaching or iiiftru£tion, whereby he may profit himfelf afterwards; but if he binds himfelf in an obligation or other writing, with a penalty for the pay- ment of any of thefe, that obligation fhall not bind him. I InJi. 172. And in Earle's cafe, i Salk. 387. it is faid, that an in- fant may buy neceflaries, but cannot borrow m 'ney to buy; for he may mifapply the money, and tnerefore the law will not truft him, but at the peril of the lender, who Diuft lay it out for him, or fee it laid out. And it fhall be only for neceflaries, and not for mat- ters of luxury or extravagance ; and if alter he comts of U u 4 age 68o SJnfants. May prefent to a benefice. May convey in acourtofcqiilty. May furrender in a court of equity. . May purchafe. May make a will. May be an exe cutor. May bequeath the tuition of his childcen. May fueby pro- chein amy. In what cafe he may releafe a debt. age he is prevailed on, by furprize or other undue means, to give fccurity, vet a courr of equity on confide- ration of circumftances will relieve. 2 Aik. 35. 16. Alfo other things of neceflity (hall hind him, ?.s a prefentation toa'benefice; for otherwife the hpfe fiiall incur againft him. i Inji 172. 17. And infants feifed of eftates in truft, or by way of mortgage, may .nake conveyances thereof, as the courts of chancery or exchequer Ihall direil. 7 An. c. ig. 4 G. 3. £. 16. 18. And they may furrender leafes in the courts of chancery or exchequer, in order to renev/ the fame. 29 G. 2. r. 31. ig. Alfo an infant hath, without confent of any other, capacity to purchafe, for it is intended for his benefit; and at his full age he may either agree thereunto, and perfect it, or without any caufe to be alledged, waive, or difagree to the purchafe: And fo may his heirs after him, if he agree not thereunto after his full age. i /»/?. 2. 20. The common law feems not to have determined pTecifely, at what ^2.^ one mr.y make a tefl:^ir.ent of a per- fonal eftate : It is ger erally allowed, that it may be made at the age of 18, and fome fay under, for the common law will not prohibit the fpirltual court in fuch cafes, i Iri/f. 89. I n. H. i-j. The age of difcretion is 14 ; and therefore it may feem . that one may make a teftament of perfonal eflate at that ago. 21. A pcrfon is of age to be an executor at 17 ; and an adminiftration of any one during thq minority of an infant, ceafeth when the infant comes to that age. 5 Co. Pigot's cafe, i H. H, 17. 22. Any perfon having child or children, under 21 years of age, and not married, may by deed or will at- tefted by two witnefTe?, difpofe of the cuftody and tuition of fuch child or children, until they fl'.all be of the age of 21, or for a lefier time; and this, whether fuch pa- rent be within or above the age of 21. 12 C 2. c. 24. /. 8. 23. An infant cannot anfvver but by guardian ; but he may fue either by his next friend or by guardian. 3 Salk. jgt. 24. if an infant of the age of 17 years releafe a debt, this is void ; but if an infant make the debtor his exe- cutor, this is a good releafe in law of the adlion. i In/?, 264. -5. By "infants. 681 25. By the 5 El. c. 4. Perfons above the age of 10 years Atwint age he by their own confent and agreemenr, may be bounJ ap- "- ; Licb^und ' appreiitjcs. prent:ces. *^ And by the 5 EI. c. 5. Any perfon above feven years old, may be bound apprentice to the fea-fervice, ^y the 43 El. c. 7.. No age is limited for the binding of parifli apprentices ; fo that it feemeth they may be bound at the age of feven, when they ceafe to be nurfs children, and confequentiy may be Cdken from the mo- ther. 26. It Oiall be felony without benefit of clergy,^ to Ileal In^'^nt apprcn- goods to the value' 01 40 s out of an houfe, though the gj^^^ '^^' '"* houfe be: not broken op^n ; but this (hall not extend to apprentices under i5 years of age. 12 An.fL. i, c. 7. 27. Servants above the ageof 18, imbeziling their ma- Infant feivant fter's goods to the value of 40 s, (hail be punilhcd as fe- "^'^^ziiijig lens. 21 IL 8. c. 7. ^'^'^'• I. TT O ^D Hale fiys, Tho' informations are prac- Information in J_^ tifed oftentimes in the crown office in cafes cri- S'^"^'^^'* minal, and by many penal ftatutes the profecution upon them is by the at^s themfclves limited to be by bill, plainty infortnation^ or indlUnient ; yet thus much is obfervable, that the method of profecution of capital offences is ft;]! to be by indictment ; and in all criminal caufes net capital, the maft regular and fafe way and mod confonant to the ila- tute oi mngna charta and other flatutes is by prefentment or indid^mentof twelve fv/orn men. 2 H. H. 151. Mr. /2«rt.'^/,vjdi ft ingui flies informations into tWo kinds ; fuch as are merely at the (uit of the king, and fuch as are partly the fuitof the king and partly the fuit of the par- ty ; and fays, It hath been holden, that the king ihall put no one to anfwer for a wrong done principally to another without an indictment or prefemment of a jury, but I do not find this diftiuftion confirmed by ex- perience; for it is every day's pradlice, agreeable to num- bcrlcfs precedents, to proceed by way of information, either in the name of the attorney general, or of the maf- ter of the crown office, for oitences done principally to private perfons, as for batteries, cheats, rcfcuing perfons from legal arrefts, perjuries and fubornations thereof, 2 forgeries. 682 3nf oitnatm. forgeries, confpiracies, and the like; as well as for of- fences done principally to the king, as for libels, fediti- ou words, nots, extortions, difobeying the king's writs, ab fina the king's commilHon to the oppreiTion of the fub- jr6t, and in general any other offences againft the publick good, or againft the firft and obvious principles of juftice and common honefty. 2 Hatu. 260. Information 2- Informations partly at the fuit of the king and parfly ^ui tarn. at the fuit of the party are commonly called informations ^ht t^nif from thofe words in the information when the proceedings were in Latin, qui tarn pro domino rege quam pro feipfo^ &c. 2 Haw. 259. Aaionupona 3* Of the near affinity to an information ^«/ tam, is an ftituu. action upon the ftatute ; which is either a private ac- tion, which is, when an action is given upon a ftatute to the king, and to the party grieved only ; or & popular ac- tion, which is, where the adtion is given to the people in general, that is, to any one that will fue for the king, and for himfelf. But if the king commenceth his fuit before the in- former, the king (hall have the whole forfeiture (becaufe in fuch cafe he alfo is the informer) ; and he may, before the informer begins his fuil, releafe the penalty to the offender, and bar all others ; but if after a popular ac- tion is brought by the informer, the king's attorney will enter ulierius non vuh profequi^ the informer may profecute for his part. Wood^ b. 4. c. 4. And in general, it feems that of common right an in- formation o/ r^^yw/V ^^^^ -^/n^, or an adlion in the nature thereof, may be brought for offences againft ftatutes, whether they be mentioned by fuch ftatutes or not, unlefs other methods of proceeding be particularly appointed, by which all others are impliedly excluded, 2 Haw, 260. But an information or a6lion qui tarn will not lie on any ftatute, which prohibits a thing as being an immediate offence againft the publick good in general, under a cer- tain penalty, unlefs the whole or part of fuch penalty be exprcfsly given to him who (hall fue for it ; becaufe other- wife it goes to the king, and nothing can be demanded by the pjrty : But where fuch ftatute gives any part of fuch penalty to him who will fue for it by action or informa- tion, anyone may bring fuch afiion or information, and Jay his demand, as well for «ur lord the king^ as for himfelf ^ Kaw. 256. Alfo wnere a ftatute prohibits or commands a thing, the doing oromiflion whereof is an immediate danger to the 3Jnfo?niation.^ 683 the parfy, and alfo highly concerns the peace, fafety, or good government of the publick, or the honour of the king, or of his fupreme courts of juftice, it feems to be the general opinion, that the party gr'eved may bring his adion qui tarn on fuch ftatute. 2 Haxv. '265. 4. By the 31 El. C. 5. Ml anions ^ fuits, bllh^ indiSl- In what time a merits^ or informations on any penal Jhtute^ whereby the for- "^1^1^^^^^°^^^ feiture is limited to the kingy Jhall he brought within two years after the offevce committed ; if limited to the king, and to any ether who Jhall prof ecute, then within one year ; and tn default of fuch profccutioHy then to be brought for the king, in two years after that year ended. Providfd, that if they are timited by Jiatute to he brought within Jhorter time, then they Jhall be brought within fuch time limited, f. 5, 6. On any penal Jiatute] But if an offence prohibited by a » penal ftatute, be alfo an offence at common law ; the pro- fecution of it, as of an offence at common law, is no way reflrained hereby. 2 Haw. 272. To any other who Jhall profecuie] That is, to a common informer; and therefore the party grieved is not v/ithiti the reftraint of this ftatute, but may fue in the fame man- ner as before. 2 Haw. 272. 5. If two informations be exhibited an the fame day, Two informa- for the fame offence, they mutually abate one another. '■""'"" '^= _ TT ' ' ■' fame day. 2 Haw. 275. 6. By the 21 J. c. 4. All offences agoinjl any penal Jla- Inwhatcounty tute, for which any common informer may ground a popular ac- '^ ^^^'^ *>e i^'d* iion, bill, plaint-^ f^it, or information, before the judges if affize, or jujiices of the peace in their general or quarter fejftons (having power to hear and determine the fame), fjall be pro-- fecuted in the county where they were committed, and not elfe- •where : and if the offence is not proved to have been committed in the fame county, the defendant fiall be found not guilty. i. I, 2. Provided that informations, fuits, or a£lions, againjl po- piJJj recufanis, or perfons charged with maintenance , champerty^ or buying of titles, maybe laid in any county, f. 5. Jgninjl any pencil Jiatute'] H, 8 JV. K. and Gaul. Holt Ch. J. faiJ, ten judges had agreed that this ftatute doth not extend to any offence created fince ; fo that profecu- tions on fubfequent penal ftatutes are not reftrained there- by; but this ftatute is as to them, as it were repealed pro tanto, I Salic. 372. For which any common inform.er may ground a popular a^ion'^ Therefore this extends not to any fuit by a party grieved. 684. 3Jnfo?mation.' grieved, or by the attorney general; but only to thofe brought by common informers. 2 Haw. 269,270. General or quarter fejions, having power to hear and deter- mine the fatne^ Yet this gives no jurifdiclicn to juftices of the peace, which they had not before; but oniy ap- points, that wher*' informations might have been broue;ht in the courcs at Wefimirifler o\ before juftices of the peace, fuch isforniations flia'il be now brought before juftices of . the peace only. Cro. Car. 1 1 2, In the iouTity where they u,ere csmmiited] H. 7 G. Smith and Potter. In the king's bench. In a qui tarn on the 5 Eii%. for exercifing a trade, without an apprenticefhip, it was moved to ftay the proceeamgs, becaufe the nomi- nal plaintiff had releafed, and the fadl was laid at Cam-' bridge.^ whereas the jurifdi<5tion of the king's bench is atlaft fettled to he refrrained by the 21 J. c, 4. to ac- tions arifing in the county where the king's bench fits, {o that if they were to go on to trial, the plaintiff could have no efrsftof his fuit. And of this opinion was the court, and they made a rule that proceedings fhould be f£a_ytd. Str. 4.15. And not elfewberel But where a fubfequent ftatute gives a remedy for the recovery of a penalty in any court of re- cord generally, it fo far impliedly repeals this refttaint, and confequently leaves the informer at his liberty to fue in the courts at Weftminfter 2 How. 270. Alfo, where a flatute limits fuits by an informer qui tam^ to other courts than thofe of Weflmlnfler -hall \ yet any ens may, by conftrudion of law, exhibit an informal tion in the exchequer, for the whole penalty, for the ufe of the king. 2 Hsvu. 268. ScfiionshatH 7. If jurifdi£tion be given to the fefllons to hear and not power with- determirc, and it is not faid by information; this fball be wcH-ds.^"^^'' by ird'c^ment, and not information. Cro. Car. 112. Timeofexhi- S- -By thei8 El. c. 5. Vp'jn evety information which h\uT.g the mfoT- Jhall be exhibited by a (common) Informer^ except for main- ination to be ienance^ champerty, buying of titles, or embracery ; a note foall be made of the day., month, and year of the exhi- biting thereof y and It Jhall be taken to be of recnd from that time forward and not before : and no proc-cf Jhu I be ijfucd on fuch -information, till :t be exhibited in form afore- faid. f. I. Oath to be g. And by the 21 J. c. 24. No officer Jhall enter an^ made on ex information, bill or plaint, count or declaration, till the formatfon! informer hath made oath before fome of the judges of the court ^ that the offence was not committed in any ether count f, an d ^ttfoimafion. 685 and that he believeth in his confcimce^ that the offence was committed within a year before the information or fuit j the oath to be there entered of record, f. 3. 10. And in the court of king's bench, the clerk of the '^f'^o^ruzince, crown Jhall not (except by order of court) exhibit or receive any "•" ^ »'*'«'»• information in the name of the mafter of the crown o^ce, for trefpaffes^ batteries^ or other mifdemeanorsy or iffue any pro- ccfs thereupon^ before he fjsll have taksn^ or JJjail have deli- vered to him a recognizance from the profecutor, with his place of abode, title, or profeffton to be entred, — to the perr- fen againji luhom the information is exhibited, in the penalty of 20 /, that he will effectually profecute fuch information, and abide by and obferve fuch orders as the faid cowt Jhall dire£i \ which recognizance the faid clerk of the croivn, and alfo every jujlice of the peace where the caufe of fuch in" formation Jhall arij'e, are impotucred to take ; after the taking or receipt whereof, he JJjall make an entry thereof upon record, and Jhall fie a memorandum thereof in fame publick place in his offce, to tvhich all per fans may refort without fee. 21 J. C 4. f. 2, 6. In the name of the majler of the crown offjce"] From hence it follows, that informations exhibited by the attorney general, remain as they were at the common law. 2 Haw. ibi. 11. And the general pra£lice of the court of king's Ru'e to Acw bench is, not to order an information to be filed, without ^^" ^* firft making a rule upon the defendant to lliew caufe to the contrary. And this rule is never granted but upon motion in open court, grounded upon afEdavit of fome offence of' an enormous kind, or dangerous tendency. The defendant mull be perfonally ferved with the rule, and if he do not at the day given for that purpofe fatisfy the court by affidavits, that the fubftance of the charge is falfe or frivolous, or other reafonahle caufe againft the profecation, the court uftially grants the information. 2 Haiv. 262. 12. By the 21 J. c. 4, ^ke like prccefs floall be awarded^ Procefs on an upon an information by a common informer, as in an a^lion o^"'"'^'^"^'^'^'""' trefpafs vi & armis at the common laiu. f. i. And confequently, the procefs in all fuch fuits muft be by attachment, or pone per vadios, and after bydiilrefs in- finite, where by the return the party appears to be fufji- cient, otherwife hy capias. 2 Haw. 284.. 13. And on every procefs upon an infof mation by a common Prorefs to be informer, Jhall be indorfed as well the partfs name that pur ■ '""°'^^'^' fuelh the procefs, as afo thejiatule upon which the infirmation is grounded. 18 El. c. 5. f. i. 14. Bvl 686 3Jnfo?mation. Procffs on a 14. But on z Criminal information, it is the ufual prac- criminai infor- tice of the crovvn office, fifft, to award a fubpiena\ and aiauon. after the return thereof, if no appearance beentred in four days, and an affidavit be made of the fervice of the fub- pcena^ to make out a capias of courfe, where the defendants are informed againft in their private capacity, and a dijiringas^ where they are fued as a corporation aggregate. 2 Haw. 284. General Jffue. 15- If any information, fuit, or aiiiony Jhall he brought againji any perfon on a penal fiatuie, the defendant may plead the gene) al iffue^ and give the fpecial matter in evidence. 16 J. c. 4. f. 4. Information not 16. The court will not generally quafh an information quafhed upon upon motlon, but the party muft either plead, demur, ■mouon; of move in arreft of judgment, i -Sa/i. 372. 5/r. 185, 953- Certainty re- 17. But feeing that an information difFefs from an in- quired in an In- ji^^P^enj- in jittle more than this, that the one is found formation. by the oath of 1 2 men, and the Other is not fo found but is only the alleeation of the officer or perfon who exhibits it; whatfoever certainty is required in an indidlment, the fame at leaft is neccflary alfo in an information ; and coiifequently as all the material parts of the crime muft be precifely found in the one, fo muft they be precifely alledged in the other, and not by way of argument or re- cital. 2 Haw. 260, I. Not aided by 18. And therefore the ftatutes of jeofails (from J^ ay the ftatutes of y^;//^^ I have failed), or the ftatutes that do remedy over- jeo ai s. fjghts in pleading, extend not to informations. Wood^ b, 4. r. 4. Information 1 9. If an information contain feverai offences againft good as to part. ^ ftatute, ?.)id be well laid as to fome of them, but defec- tive as to the reft, the informer may have judgment for fo much as is well laid. 2 How. 266. Coftsagiinftilie 20. Generally, if a (common) informer Jhall willingly jlaintiff. ^^i^y hiifuit., or difcontinue, cr he nonfuit, or Jhail have a ver- di^.i or judgment againji him, he Jhall pay cojls to the defendant » j8 El. c. 5. f. 3. And in the court of king's bench, particularly, if the defendant JJ)all appear andphad to iffue, and the profecutor Jhall not at his cvAi cjis, wuhin a year after ijfue joined, procure the jame to be tried, or if a verd'jcl paffes for the defendant, or the informer procure a noli profequi to be entred, the faid fourt cj kings bench may award the defendant his cofs, unlefs the judge Jhall certify that there was a rea/c!7able cauje for ex- hibiting Juch information. Jnd if the informer Jhall not, in three iiionihs after Juch cojls taxedy and demand made, pay the gnfor^atlon. 687 the fame, the defendavt fiall have the benefit of the Tecogni- xance abovementioned, to compel him thereunto. 4 & 5 W", C. 18. f. 2. Unlefs the judge fhall certify] E. 1 3 G. 1. K. and Wood- fall. Upon trial of an information for a libil, the juiy acquitted the defendant contrary to the direction of the court. Upon which the defendant moved above for cofts on this fl^itute, which provides, that in cafes where the defendant is acquitted, the court is authorifed to award cofts to the defendant, unlefs the judge fhall at the trial certify there was a reafonable caufe. In this cafe, no fuch certificate was afked ; but it was infifted on for the profecutor, that it was difcietionary in the court. The chief juftice certified ore tenus, ihat it was a vcrdidl againfl: evidence ; but then he and all the others held, that it was now too late to enquire into the probable caufe; and that it was not difcretionarv, but compuKory upon them, where there was no ceriificate. So the defendant had his cofts. Str. 1131. 21. But it feems to be in a great meafure fettled, that, Cofts agamft the an informer upon a popular ftatute ftiall in no cafe what- '^<^^'^'>^^"*» foever have his cofts, unlefs they be t-xprefsly given him by fuch ftatute; for it is certain, that h- cannot recover them by the common law, for that 00th not give cofts in any cafe: neither can he recover them by the ftatute oi Gloucejler, which gives the demandant his cofts in all cafes Vs'herein he fhall recover his damages ; for this feems to fuppofe fome damage tci have been done to the de- mandant in particular, which cannot be faid in any po- pular action, But it feems agreed, that an ad^ion on a Uatnte by the party grievedy for a certain penalty given by fuch ftatute, is within the ftatute of Gloucpjier, becaufe fuch penalty is intended him by way of recompence for his particular damage by the offence prohibited : and if he could recover that only, and no more by way of cofts, it would be in moft cafes in vain for him to fue for it, fince the cofts of fuit would exceed it. But it is faid, that no cofts fliall be recovered in an adtion on a fta- tute, which gives no certain penalty to the party griev- ed, but only his damages in general, if fuch a ftatute be introdudive of a new law, and give a remedy in a point not remediable at the common law: but there is not that inconvenience in this cafe, as in the former; becaufe no certain fum being fpecified, the jury may give the plaintiff a full fadsfadlion by way of damages. 2 Haw. 274. 22. No 6S8 information. Informer com- 22. Na {coxTivnon) itjfcrmer Jhall compound Or agree tuith pc.'.n mg. ^jjg defendant^ but after fiifwer made in courts nor after anfiver^ but by the order or onjent of the court ; on pain of bfng fet on the pillory^ in forne market town next enjoining^ in open marktt, for two hours^ and of being difabled to he informer on any penul fiatiite.^ and alfo of forfeiting lo/, half to the king^ ana haf to the party grieved^ to be recover- ed in any c'urt of record^ by aSlion of debt or injormation. And the juf'cet of ajfize^ nnd jujiices of the peace in feJfionSy may hear and determine all offences againfi this a^, 18 EI, c. 5. f. 4. Collullveaaion.' 23. Jrtd if the defendant plead a recovery by a for^ mer allien ^ which forr.ier anion fhall be found to have heeft collufive ; the plaimiff Jhall recover^ as though no fuch aSiion before had been had: and if the defendant Jhall be convi£fed of fuch coU'jficn, he Jhall be imprijoned tiuo years ^ byprocefs of capias and outlawry^ and that as well at the king's fuit, as of every other thit willfue. 4 H. 7. c. 20. And no releafe of any common perfon, to any fuch party ^ whether before or after any aHicn prpuLr, or indi^ment of the fame commenced or made, hanging the fame a£iion, Jhall be available to furceafe the faid eofion, indiolment, procefsy or execution. Id . Form of an information qui tarn. Weftnaorland. ^ E It remembred, that A. I. of in the county of • - gentleman, who as well for our lord the now king as for himjelf dcth profecute, Cometh before the jujiices of our faid lord the king affigned to keep the peace in the faid coaniy, and alfo to hear and de-- termine divers felonies, trefpaffes, and other mijdemeanors in the faid county comn:.tted, at their general quarter JeJJicns cf the peace holden at in and for the faid county, the • day of in the year cf the reign of - ■ in his proper per f on-, and as well for the fame lord the king, as for himjilf, giveth the court here to underfland and be informed. Thai A. O. late of inihc county aforcfaid yeoman^ en the — — day of in the year aforefaid, at aforejaid, in the county aforefaid, net regarding the laws and fiatutes of ourjaid lord the king, but intending to with force and tfrw.f [Here infeit the cftcnce with the fame precifion as in an indidtment] agalnji the fi m of the Jlatute in that cfe made and provided: Whereupon the aforefaid A.I. as will for the faid lord the king, as for himfelf, praytth the advice cf this court in the premiffs ; and that the aforefaid A. O. may forfeit thefum cf — — according to the form of the Jlatute afore- 3Jnfojmation» 689 aforefaid\ and that he the fame A. I. 7nay havi one moiety thereof^ according to the form of the flitute afortfaid; and alfo that the aforefaid A. O. ma\ come here into this courts to anpiuer concerning the premijfes ; and there are pledges of prof'cutingy John Dot- and Richard R jc. Jnd hereupon it is commanded to the fa d A. O. thai all other things omitted^ and all excu'es laid aft -Je^ he be in his proper perfon at the next general quarter fejfions of the peace to be holden for the faid county^ to anfiner as well to the faid lord king, as to the faid A. I. who as well for faid the lord ih" king as for himfef, doth prof cute, of and concerning the premiffn^ and fwther to do and receive what the faid court fhall confider in this behalf. Ingroillng. See f O^CffnlffnO'. Inns, Innkeepers. See ^Iet)0Ufe2f. Inlbivenc Debtors. See Debta^0. 3!nrolHient. 'O manors, lands, tenements, or hereditaments (hall pafs from one to another, whereby any eftate of inheritance or freehold (hall be made or t-jke ffFe£t in any perfon, or 3ny ufe thereof to be maiie by rea- fon only of any bargain and file thereof, except the fame bargain and fale be ma^e by writing indented, fealed, and inrolled in one of the king's courcs of rt-cord at JVeJiminJler \ or elfe wichin the county where the lands lie, before the cu/ios rotulorum^ and two juftices, and the clerk of the peace, or two of them at the leaft, where- of the clerk of the peace to be one : the fane inrol- ment to be made in fix months after date of the writ- ings : Paying, where the land exceeds not 4.0 s a year, 2 s ; to wit, 12 d to the juftices, and 12 d to the clerk j and where it exceeds 40 s a year, then paying 5 s, hdlf to the juftices, and half to the clerk: and the clerk of the peace (hall inroil and ingrofs the fame in parchnient : The fame to be kept amongft the records ot the couiity, 27 H. 8. c. 16. In the counties of Lancajler., Chejler^ and Durham, they may be inrolled in the refpeclive courts there, or ai the aifizes. 5 El. c. 26. Vol. II. Xx The 690 3Jron ana fteel. The inrolling of deeds and wills of papifts, belongs to title popert?. 3ron an& Cecl AFTER I Aug. 1785, No perfon fliall export, or load, pack, or put on board any (hip in order to be exported (except to Ireland), or load on board any boat or veflel ; or bring to any quay, wharf, or place for the purpofe of exporting the fame, any tools or uten- fils which are or may be ufed, for preparing, working, ilnifliing or compleating the iron or fteel manufactures of this kingdom, or any model, or plan of any fuch tools or utenfils, or any part thereof; nor (hall colleft, obtain, make, or apply for any fuch tools utenfils or implements, or any part thereof; or any fuch model or plan, with intent to export the fame, on forfeiture thereof, together with the packages, and all other goods packed therewith, which may be feized by any officer of the cuftoms : And on complaint made on the oath of one witnefs, before one juftice, he may iflue his warrant to bring the perfon complained of before him, or fome other juftice ; and if fuch perfon fhall not give fuch account of the ufe or pur- pofe to which the fame are intended to be appropriated, as fhall be fatisfaftory to the juftice, he ftiall detain fuch goods, and bind fueh perfon to appear at the next afTizes or quarter feftions, with reafonable fureties ; and if he {hall negleft or refufe to give fuch fecurity, the juftice may commit him to the common gaol or houfe of cor- reiSion, until the next aflizes or quarter feffions, and until he fhall be delivered by due courfe oi law. — And in cafe fuch perfon fhall be convicted, he fhall forfeit 200 I, and fhall be imprifoned 12 months without bail, and until the forfeiture fhall be paid. 25 G. 3. c, 67. /. I, 2. And by 26 G. 3. c. 89. [which is in force to the end of the next fefTion of parliament,] after reciting, that fuch general prohibition of the exportation of tools and Utenfils was productive of inconvenience, &c. It is therefore enaded, that after 10 July 1786, it (hall be law- ful to export any tools or utenfils made ufe of in the iron or fteel manufactures, which might have been legally exported 3Jro!i atiD atttt 691 exported before the pafling of the aforefaid 8(51, except thofe hereafter mentioned, (v z.) rollers, either plain, grooved, or of any other form or denomination, of caft iron, wrought iron, or fteel, for the rolling of iron, or any fort of nuetah, and frames, beds, pillars, fcrews, pinions, and each and every implement, tool, or utenfil thereunto beionginff ; rollers, flitters, franes, beds, pil- lars, and fcrewrs, for flitting mills ; preff s of all lorts in iron, fteel or other materials, which are ufed with a fcre^ exceeding one inch and a half in diameter ; or any parts of thefe ieveral article^, or any model of any of the liten- fils or machines aforef.^id, or any part thereof; and all forts of utenfi's, engines, or machines ufed in the cafling or boring of cannon, or any fort of artllery, or any parts thereof, or any model of tooh, utenfils, engines, or machines ufed for the like purpofe ; hand ftamps, dog- head ftamps pulley ftamps, hammers and anvils for ftamps, preftes of all forts called cutting out prejps, beds and punches to be ufed therewith, piercing preH'e*- of all forts, beds and punches to be ufed therewith, either in parts or pieces, or fitted together ; fcoring or fliading engines ; prelfes for horn buttons, dies for h'>rn buttons, rolled met^il with filver thereon, parts of buttons not fitted up into buttons, or in an ufifin filed ftate ; engines for chafin J, flocks for cafling buckles, buttons an.i rings ; die-fiiiking tools of all forts, tools for pinchin.' ofgLifs ; engines for covering of whips j bars -f mctnl covf-rt^d with gold or filver; burnifliing ftones, com^ncnlv called blood Jionesy either in the rouo;h ftate or finiiheH for ufe. 7" T ^ 3. And if any perfon (hail have in his podf-ffioii wah in- tent to export the fame, any wire mou! s for making ffSper J wheels made of metal, ftone, or wood, for cut- ting, roughing, fmoothing, pol;fl:iinir, and engraving, glafs, ; purcellas, pincers, fheers, and pipes, ufed in blowing glafs ; potters wheels and lathes for plain, iound, 2nd for engine-turning tools, ufed by fadler*-, haroefs- makers, and bridle-makers, namely, cantle-ftrai ers fiJe- ftrainers, point- ftrainers, creafing-irons, fcrew creafers, wheel-irons, feat -irons, prfcking - irons, bolfter - irons, clams, and head-knives; the faid former a6t (hiW be ex- tended to exporters and pofiefl'ors of the tools and utenfils herein defer ibed, as fully to all intents and purpofes, as if the fame v^ere re-ena£lcd in this acSl. f. 2. All penalties are to He recovered in the courts at Weji" min/ier, and to be fued for vvithin 12 months. 25 G. 3, c. 67. /. 7, 8. X X 2 3iit)gmcnt. 692 3JuEigment. J (dgments cer- tain. Judgments vajl able. J\idgmentm the orTender'sab- fence. Judgment of a joint fine. ■ Jiidgnnent in mitigation uf fines. Judgment againil the >er- didl. Judgment by particular lia- tutcs. OF judgments, fome are fixed and ftated ; as in cafes of treafon, felony, praemunire, and mifpriilon ; the particular forms of which may be feen under their re- fpedive titles. 2. Others are difcretionary and variable, according to the different circumftances of each cafe ; Thus for crimes of an infamous nature, fuch as petit larceny, perjury, or forgery at common law, grofs cheats, confpiracy, not requiring a villainous judgment, keeping a bawdy-houfe, bribing witnefl'es to ftifle their evidence, and other of- fences of the like nature; it feems to be in a great meafure left to the prudence of the court to infli£t fuch corporal punifhment, and alfo fuch fine, and bind- ing to the good behaviour for a certain time, as fhaH feem moft proper and adequate to the offence, i Haw. 445- 3. The court may aflefs a fine, but cannot award any corporal punifhment againft a defendant, unlefs he be adually prefent in court. 2 Haw. 446. 4. Where there arc feveral defendants, a joint award of one fine againft them all, is erroneous ; for it ought to be feveral againft each defendant ; for otherwife, one who hath paid his proportionable part, might be continued in prifon till all the others have alfo paid theirs, which would be in effect to punilh him for the offence of another. 2 Haw. 446. 5. A fine is under the power of the court, during the term in which it i? fct ; and may be mitigated as fhail be thought proper : but after the term, it admits of no al- teration. 2 Haw. 446. 6. A judgment contrary to the verdi6i is void. Read, Judgm. 7. By many ftatutes peculiar punifhmenls are ap- pointed for feveral offences, as pillory, flock?, impri- fonment, and the like; and in all thefe cafes, no room is left for the juftices difcretion, for they ought to give judgment, and to inflidl the punifhment in all the circumftances thereof, as fuch ftatutes do diredt. Dalt. c. 18S. z^wtm- 693 NOTE; The ftatutes of the 4 Cff 5 TK c. 24. and 7 is" 8 TV. c. 32. hereafter following, were at firft but temporary; but are referred to, and as it were adopted by the 3 G, r. c. 25. ^Vhicha£t of the 3 G 2. c. 25. is made perpetual by the 6 G. 2. c. 37. And all the faid three ads of 4 ^if 5 W. 7 ^ S IF. and 3 G. 2. are required to be read at every Midfummer fefTions. Trial by juries is the Englijhman's birth right, and is that happy way of trial, which notwithftanding ail revo- lutions of times, hdth been continued beyond all memory to this prefent day ; the beginning whereof no hiftory fpecifies, it being contemporary with the foundation of this Hate, and one of the pillais of it, both as to age and confequence. Tr. p. pais. '^. Dalt. c. i%6. Concerning which I will treat in the order following : /. TVho may or may not be jurors. II. Of making and returning lifls of jurors, III. Of the fheriff^s Jummontng and returning jurors. IV. Of the challenge of jurors. V. Of the demeanor of jurors hi giving their verdiSt. VI. Of the indemnity and punifhment of jurors, I. IVho may or may not he jurors, 1. Mr. Hawkins fays, it doth not feem to be any where Grand jury msji* holden, that none but freeholders ought to be returned on a grand jury. 2 Haw. 116^ 217. Bat in another place he fays, that by the common law, every grand juryman ought to be a freeman, i Haw, 215. And L. Hale fays, touching the yearly value of the eftateof a grand juryman, he doth not find any thing determined J but freeholders they ought to be, 2 H. H, ly,. X X 3 But 6g\. ^lurOjS. Ri:t in Tork/I/irey they ought to have 8o 1 a year, free- holii or copyhold. 7^8 ^J^. C 32. /. 8. Alfo a grand juryman muft be a lawful liege fubject j and confequenily, neither under attainder of any treafon or Itlony, or an alien, nor outlawed, whether for a cri- minal matter, or as fome fay, in a perfonal a£lion ; and from hence it feems, that any one who is under a profecu- tion for any crime, may by the common law, before he is indi»5ttd, challenge any of the perfons r-eturned on the grand jury, for the defeat of any of the qualifications abovefdid. I HdUK 215. The grand jury ought not to confift of an indefinite number ; for no more ought to be fworn than twenty- three. For if a number amounting to two full juries or more, fhould be fworn, it might happen that a complete jury of twelve might find a b.il to be true, though other twelve or more of the fame jury might rejedl it as untrue ; which would be inconvenient and abfurd. Bur- row, Mamjisld. 1088. Jurymen irr the 2. In the courts at Weftmltijler^ and city o^ London ^ the courts at Weft- jjj,.(j(-g fhould be houfhc'lders within the city, and have lands, tenements, ox perfonal eftates, to the value of 100 1. 3 G. 2. c. 25. /. ig, 20. And by the 4 G. 2. c. 7. /. 3. Leafeholders in the county of ATiddUftx, where the improved rents or vakie {hall aaiount to sol a year, over and above the ground rent or other refervations, (hall be .liable to ferve on juries. At the afiizes or 3" -^^ ^^'" aflizes or fefTions in the country, every juror, fcCi^na. other than ftrangers fer medtttatem lingua in England, fliall have in his own name, or in truit for him, within the county, 10 1 a year, and in IFaUs b\ a year, above re- prizf^, of freehold or copyhold lands or tenements, (!r of lar.d? and tenenief»t> of ai.cient demefne, or in rents, or in all or any of them, in fee fimple, fee tail, or for the life of ihcmfelves, or fo.ne other perfcn : and if any of a lefltr cflate be returned, he may be difcharged upon chal- lenge, or on his own oath. 4^*5//^. c. 24. J* 15. 3 G. 2. c. 25. / 20. And bv the 3 G. 2- c. 25./ 18. Perfons having an eftate in pofTcfTion in land in their own right, ©f 20 1 a year above the referved ren', being held by leafe for 500 years or inoie, or for og years, or any other term, deter- minable on one or more lives, fhall be liaoie to feive on juries. From From hence it appears, thzthnds/reehoU, copyhold, an- dent demefne, or leafehokh do render perfons liable to ferve on jiiries. And fome have thought that all lands are in- cluded under thefe denominations. And in Coke^ copy holder^ p. 14. it is faid, that what land foever is not copy- hold,' is freehold. And in Cfl//^r. 41. it is faid, thatco- pvho'ld lands may differ in name, but not in nature j for although copyhold lands be fpecially fo called, becaufe holden^by copy of court roll, and oiftomary lands by fome fpecial cuftom; yet they arc all holden in one general kind, that is, by cuftom, and the diverfity of their names doth' not alter the nature of their tenure. Neverthelefs, although all copyhold lands are cuftomary, yet all cuf- tomary lands are not copyhold, and confequently, as fuch, do not qualify a man to ferve on juries. Of which kind of cuftomary lands not being copyhold, the greater part of the county of IVeJlmorland in particular doth confift. For which caufe (and by reafon of the number of perfons difqualified by being quakers) the jurors in that county are in comparifon but few. To remedy which inconve- nience, it feemeth not unreafonable, that in the ftatutes limiting the qualification of jurors, amongft other deno- minations of tenure, the word cujiomary fhould be infert- ed ; for why fhould a copyholder of 10 1 a year be obliged to ferve, and a cuftomary tenant of 100 1 a year be ex- empted ? 4. As to the ftrangers per medietatem lingua abovemen- jurors on frlali tioned, it is enaaed by the 28 Ed. 3. c. 13. that in in- of foreigners, quefts to be taken amongft aliens and denizens, before any judges, one half of the inqueft fhall be denizens, and the othel- half aliens, if io many there be in the place who are not parties ; if not, then fo many as there are. And by the 27 Ed. 3. /?. 2. c. 8. Before the mayor of the ftaple, if both parties be ftrangers, the inqueft (hall be taken by ftrangers ; if both be denizens, by denizens ; if the one party be denizen, and the other alien, half of the jury fhall be denizens, and half aliens. And thefe aliens need not have any qualification by their eftate. 8 H. 6. c. 29. But it feems that the Englijh half of the jury ought to haveeftates of the fame value as in other cafes. 2 Haw» 4*9- But by the 13^" 14 C l.c.ii.f. 11. In anions con- cerning tonnage and poundage, or ftiips or goods to be forfeited by reafon of unlawful importation or exporta- X X 4 tion. 696 3Juro?s. tion, there fliall not be any party jury, but fuch only as are natural born fubjeiSt?.. Jurors in towns 5. In tovvr.s corporate: Trials of felons fhall be by corparatt, p^^p, worth 40 1 in goods, though thcy have no freehold. 23//. 8.^. 13. And in 3 Salk. 81. it is faid, that when the jury are of a town corporate, it is no challenge that they are not freeholders. And the ftatutes which require jurors to be of fuch and fuch fufficiency, do generally except cities, borough?, and towns corporate. In the torn. 5, In the torn : Jjrors fhall have 20 s a year freehold; or 26s 8d copyhold, i R 3. c. 4.. thpleet. y. In the leet : It is laid by f>me books, that any perfon happening to be prefent at a court leet, or to be riding by the place wherr it != hoiden, may for the want of jurors be compelled by the fteward to he fworn, whe» ther he be refident within the precncQs of the leet, or rot : by which it feems to be implied, that any perfon "whatfoever is capable of being put upon the jury in a court leet. 2 Haw. 69. Qn the coroner's g The coroner's jury, upon inquefl taken before him, "^"^ ' are to be of the neighbuurini_' towns; but no qualificaiion by cftate is required by any ftatute. 1 H. H 152. On other jurors ^ Jurors to enquire of the concealments of "ther in- rrntments^. '"^^ quefJs, fliall have lands of 40 s a year. 3 i/. 7. r i. Oninouiries of 10 Jurors to inquire of forcible entry or detainer, forcible entry, fhall havc lands or tenements of 40 s a year, 8 H. 6, . .. ^' 9- On inquiries of jj. Jurors to inquire of riots, fliall have 20 s a year, "°'"' charter land, or freehold j or 26 s 8 d copyhold. 19 //, 7. c. 13. In Voik/liire. 12. In Yorkjhire : No perfon having 150I a year, of fuch eflate as wiil qualify him to ftrve on juries, fliall be fummoned to the felTions; but only perfons lefs able to bear the expence of attending the aflizes. 1 Jn.Ji. 2. c. 13. f. 3. And if he doth fcrve at the feflions it fliall net fatisfy his turn, but he fliall attend the aflize neverthe- lefs. 10 J^n, c. 14. f. 6. Pen'onsunoer j.^. Young men unJer 21 years of age, fliall not ferve *^*' upon juries. 7 Cif 8 IV. c. 32. /. 4. Peifonsabove j^^ Old men above 70, perfons continually fick, or abfeji't. " ' being difeafed at the time of the fummons, or not dwell- ing in the coiin:v, fliall not he put in juries of petit affizes f on pain of the flierifF paying damages to the party grieved, 697 grieved, and being amerced to the king. 13 Ed. i.Jl. r« c, 38. And the equity of this iratute, and alfo the reafon of the thing, reem plainly f.) far to extend to grand juries, that if it fliall appear, that any of the perfons abovemen- tioned be returmd on a grand j'jry, the court will eafily excufe their non-appearance. But it feems clear, that any fuch perfcns being rt-turned on a grand jury, may lawfully (erve upon it if they think fit. 2 Haw. 216. 15. Th^- jury ought to be men ; yet there fhall be 3 in what cafe jury of women, to try if a woman be enfient, upon the .^'*'"r"'^n^2" be writ de ventre infpicundo. Tr. p. pais. 86. jurois. 16. By the 5 //. 8. f. 6. and 18 C 2. c. 15. Freemen Sur^eonj. of the company of furgeons in Lmdon^ are exempted from fervir.g upon juries. 17 And by the 6 ^ 7 1^. c. 4. Apothecaries, within Apothecaries. London and feven miles thereof, being free of the compa- ny ; and country apothecaries, who h'.ve ferved feven years apprenticefiiip, fhall be exempted from ferving on juries, and their return fhall be void, unlefs thev fhall voluntarily confent to ferve. 6 iff 7 //. c. 4. 18. Clei^^ymen cannot be imnannelled upon juries, ^u, Lan'h, 3q6. 19. Diir.-nting teachers, qualified under the toleration DlfTenting aft, are exempted from fcrving on juries, i IV. c. 1 8 . /^ ^^^c'^^- s. 3 1. 19 G. 3. c. 44. 20. Alfo quakers. 7 ^* 8 IV. c. 34-/ 6. Quakeis. 21. By the4 ^ 5 JV. c. 24. y; 21. No v/rit de non po- w,irs of ex- nendis in ajjifu U jurat'iSy fhall be granted, unlefs upon emi;uon. oath made, that the fuggeiiions upon which it is granted, are true. And the jurors ought to come in perfon and claim their privilege 3 for tiie flicriff cannot return it. Tr. p. pais. 87. /. Of making and returniiig UJts of jurors, I. The juflices at Midfummer fcffion«, fhall ifiue forth Precepts to the their warrants f A) under the hands and feals of two or *''^!! f?'^ P^"^ r I u I ■ L CL \ \ ■ ■ , conftables, more of them, to the nigh conitables, requiring them to jfiue forth their precept to the petty conftable«, thereby direding and requiring them to make and return true lifts 'in writing, of the navies and places of abode, of all per- sons within their refpecSlive conftablewicks, qualified to fcive on juries, with their titles and additions, between the ages of 21 and 70. fiigh conftable failing to ifi'je his pre- 698 S'urois. precept, fliall forfeit 10 1, on convidion at the aflizes or Icffions. -] ^2. IV. c. 22- f-A- ^^9 ^V, c. \o. 3 6" 4 An. c. 18. /. 5. Petcy con.lables 2- The pecty conftablcs, on reqnieft to any parifh of- inay infpeft :he f^cer, who (hall have in his cuftody any of the rates '""' for the poor or land tax, fliall have free liberty to infpedl: fuch rat-s, and take from thence the names of freeholders, copyholders, .-r other perions qualiHed to ferve on juries, dwelling within their refpedliv.e precincls. 3 G. 2. c. 25. Lift5 rote; put 3- And fhall yearly, 20 days at leaft hefort Muhael- upon the church ,;,flj^ upon two or more fundays-i fix on the door of the ^°°^' church, chapel, and every other publick place of religi- ous v/orOiip, an exa6l lift of perfons intended to be re- turned J and (hall leave at the fame time a duplicate thereof, with a churchwarden or overfeer, to be perufed by the parifliioners without fee, to the end that notice may be given of perfcns qualified who are omitted, or of perions inferted by miflake who ought to be omitted. 3 G. 2. C. Q^.f. I. p-naU" OP toe 4« ^^'^ '^ ^"^^ petty confiable (hall wilfully omit any petty conftable, perfon who ought to be inferted, or infert any one who for inferring outrhc to be omitted, or (hall take any reward for omit^"" cerfons wrong- .^ . ^ . f \_ n \\ c c ■ .. {ulJy. tmg or infcrting any perfon, he Ihall rorreit 20 s, on con- viition before one juftice, on confeflion, or oath of one witnefs ; half to the informer, and half to the poor of the pariih or place, for which the lift is returned : if not paid in five days, to be levied by diftrefs. And fuch juftice fjiall, in writing under his hand, certify the fame to the next feffions ; who (hall dire6l the clerk of the peace to infert or ftrike out the name of fuch perfon fo inferted or omitted wrongfully. 3 G. 2. c, 25. /. 2. Lifts to be de- 5. The faid petty conftables, at Michaelmas feflions, livered inac the{y,.^ll deliver in the lifts in open court. 7c? 8 IV. c. 32. J' \ Or inftead of this, after they have compleated their lifts, it fhall be fufficient if they fubfcribe the fame in the prefence of one juftice, and at the fame time atteft the truth thereof upon oath to the beft of their knowledge or belief: And then the faid lift, being firft figned by the juftice, and fubfcribed as aforefaid, (hall be delivered by the faid petty conftables to the high conftables, who (hall deliver in the fame at the faid feflions in open court, at- ttftin» at the fame time upon oath the receipt of fuch lifts from thepetty conftables, and that no alteration hath been 699 been made therein fince their receipt thereof. 3(7. 2. ^' 2 5- /^ 7. 6 The conftable failing to make return fiiall forfeit Penalty on petty 5 1 to the kins, to be recovered by bill, plaint, or infer- -f/^^^^^^J- mation. j ^ S IV. c. 32. /. 4. ,.^ , „ ,, r , .- "'^^• 7. And if any perfon, not qualihed, mail nnd nis p„fonsnotqua. name mentioned in fuch lift, and th^ perfon required to Ufi.d h«w dif- make fuch lift fhall refufe to omit him, or think it doubt- ' "se • ful whether he ought to be omitted ; the jufticrs at the fel- fions to which the lifts (hall be returned, on fatisfaaion from the oath of the party complaining, or other proof that he is nor qualified, may order h s name to be ftruck out, or omitted to be entred in the book. 3 G. 7.. c. 25. 8. The juftices fiiall then caufe the lifts to be fairly Lifts to be ea- entred in a book by the clerk of the peace, to be by him "'='» Mij= the provided and kept for that purpofe amongft the records of ^^^^^^ the feffions. 7^8 JV. c. 32. / 4- g. Clerk of the peace neejleding his duty herein, fiiall ^^ pain »f ao,^ forfeit 20 1. to him who fti.ill fue by indidment at the feffions. 3 G, 2. c. 25. / 2. 10. Duplicates of the faid lifts, when delivered in at Duplicates the feffions, and entred in fuch book to be kept by the ^^f/;^"/^^*^^'^^^ clerk of the peace for that purpnfe, ftiall durmg the faid fijeiiff. feffions, or within t?\\ days after, be delivered by the clerk of the peace to the flieriff". 3 G. 2. c. 25. /. 2. 11. And the {herift'fliall immediately take care, that The fame to Iw the names (hall be entrtd alphabetically, with their addi- "g^^ "^^ tions and places of abode, in a book to be kept by him for that purpofe. 3 G, 2. c. 25. /. 2. 12. And if the Iheriff" ftiall fummon and return any Sheriff (Tiali re- perfon to the affizes, whofe name is not in the duplicates, [5^fg"°7he"dtt- the iudi^e may on exanunation in a fummary way, fine pUcaus. him not exceeding 10 1, nor lefs than 40 s. 3 G, 2. f. 25- /• 3- 111, Of the Iheriff's Jummoning and returning jurors. I. By a claufe in the commiffion of the peace, it is SherlfFto fum- faid, We command our {herifF, that at certain monJurD.sto ' „ . n w \ 1 L- the lenious. days, which you (the juftices) Ihall make known to him, he caufe to come before you fo many and fuch good and lawful men of his bailiwick (as well within liberties as without) 7CO 3laro?s. without) by whom the truth fliall be the better known and inquired into. Whether the 2. It feems that jnftices of the peace may not order a e ions may or- . be returned immediately, nor on the Tame day, der a |ury to be J / _ . , . / ' Jj* returned imme- for the trial of a priioner arraigned before them, as juf- di&tely. lices of gaol delivery may, unlefs the crime amount to felony, or the party confent to be tried immediately. 2 Haw. 406. wiietherby ^^ Alfo it fcems that a jury may not regularly be re- awardofthe turned before iufticesof the peace in their fefTions, by a court without , 1 r I i_ r - n- r 1 < 1- trecept. bare award of the court, as before jultices of gaol deli- very ; but that there ought to be a particular precept to the fheriftfor that purpofe. 2 f^aw. 405, 406. Howthtymiy ^^ ]3ut in cafes of felony it is agreed (4 I^tJ?. 164.) •sfcs of^felon". ^"^ '^ ^^'^ ufual pradice, after the prifoners are arraigned and have pleaded to the country, for the juftices to i/Tue a precept to the fher ff, in nature of a venire facias^ which may bear tefte ihe fame day that the prifoners plead, com- manding the IherifF to return 24 juror?, to try the ifTuc upon fuch a day ; or thev make it returnable the f-ime . day that theprifoner plead?, as at the hour of one in the afternoon, or the like: and this precept muft be in the name, and under the feals if tl.e juflices, or two of them (i ^. ) and not barely upon the award of the roll. 2 H. H, 26 r, 262. Form of the ve- 5* J^^he writ of Venire facial by the flatute of the 4 b' 5 nireiacias. ^.' c. 24. ftiali be after this form: The k'mg^ &c. We command^ Sic. that ycu caufe to come before^ &c. twelve free and iavuful men of the vicinage of h. every of xvhcm Jhall have \ol of land^ iemments, or rents., by the yea-\ at Uafl \ ly whom, &c. and ivho neither. Sic. f. 15. (R.) Why t^e jurors 6. The reafon why they are required to come from ftaii be return- j^^ vicinapc is, for that the neighbours are prefumed ed of the neigh- , ^,.i • 1 ■ ^ t ij t n fcoarhooa. to koow what IS done in the neighbourhood, i Jnji. J58. But yet this is not neceflaiily required; for they of cne fide of the county, are by law of the neighbour- hood, to try an offence of the other fide of the county, 2 //. n. 264. And by the 4 Jn. c. 16. /. 6, 7. and 24 G. 2. c. 18. f. 3. to prevent challenges for default of hundredors, every venire facias for the trial of an iffue in any action in the courts at JVefiminJier, or in any a£lion or information on a penal fiatute, Ihall be awarded of the body of the county where fuch ilTue is triable, 7. And 3furojjS 701 7. And although the words of ihc writ be twelve, How many fliail yet by the ancient courfe, the flierifFrnuft return 24, for ''^''^^"'^ii^''''"* the expedition of juftice ; for if twelve only (liould be returned, there would feldcm a full jury appear ; and in this cafe ufage and cuilom makes the law. 2 H. H. 263. Read. Jur. By the general precept that ifkies before a feffion is, to return 84, and commonly the flierifF returns upon that precept 48. 2 H. H. 263. But in ifTues of nlfi prius, the flierifF fhall, upon his return of the writ of venire facias juratores (unlefs in caufes intended to be tried at bar, or where a fpeci..! j^ry fhall be appointed) annex a panel to the faid writ, con- taining the chriftian and furname, additions, and places of abode, of a competent number of jurors, the names of .the fame perfons to be inferted in the panel annexed to every venire facias^ for the trial of all ifiues at the fame alfizes} which number of jurors fliall be not lefs than 48 in any county, nor more than 72, unlefs the judges fliall order otherwife. And the writs of habeas corpora jura- torurrij or dijlringas^ fubfequent to fuch writ of venire fa- cias juratores, need not have inferted in the bodies of fuch writs the names of all the perfons contained in fuch panel, but it fhall be fufHcient to infert in the mandatory part of fuch writs refpedively, the bodies of the fever al per- fons named in the panel annexed to this writ^ or words of the like import, and to annex to fuch writs refpedively panels, containing the fame names as were returned in the panel to fuch venire facias, with their additions and places of abode, that the parties concerned in any fuch trials may have timely notice of the jurors who are to ferve at the next affizes, in order to make their chal- lenges to them, if there be caufe: and the perfons nam- ed in fuch panels fhall be fummoned at the next aflizes, and no other, 3 G. 2. c. 25. f 8. In is true, this gives them an opportunity of knowing how to make their chal- lenges ; but it alfo gives them ap opportunity to another purpofe, namely, of labouring the jurors, a prac- tice which cannot be too much difcouragcd. In Wales \ the (heriff fliall fummon out of every hun- dred or commote, not lefs than ten, nor more than fif- teen ; unlefs the judges fliall Older otherwife, 3 G, 2. f. 25. f. 9. And in the countic; palatine : The fherifF fhall fum- mon not lefs than 48, nor more than 72 (unlefs the judges order cther'.vile} ; and fluU eight d^ys before the 70 2 %mis. the courts be held, caufe a lift to be made of the per- fons fummoned, which {hall be hung up in the fherifF's office, to be infpeclcd by any perfon. 3 G. 2. c. 25./. 10, Upon the grand jury ; there maybe, and ufualiy are, more than 12: but if there be 12 afTfnting, tbo' others diffent, it is not neceiT^iry for ths reft to agree. 2 H. H. i&i. But upon a trial by a petit jury ; it can be by no more nor lefs than 12 and all afteniing to the verdicl. 2 H. H. 161. In the county of Torki only one panel of 48 free- holders and copyholders, and no more, ftiall be returned to ferve on the grand inqueft at the afTize^ ; and at the feflions, not above 4c, either upon the grand in^qutft, or other fervice there. •] (J o TV. c. 32 /'. 8. Time and man- 8. Every fummons of juro/s ftiall be made by (he Ti«r«>ffammons. fhcrifF, his officer, or lawful deputy, fix days before at the leaft (and in fVahs eight days before, and in the counties Palatine 14 days before, 3 G. 2. c 25- /. 9, 10.) fheVi'ing to every perfon (o fummoned the warrnnt under the feal of the office wherein they are appointed to ferve; and if fuch juror be abfent from the place of his habitation, notice of the fummons fh^ll be given by leaving a note thereof in V'Titing, under the hand of fuch officer, at the dwelling houfe of fuch jutor, with (ome perfon there inhabiting in the fame, j l5f S IV. c. 32. Pena'tycntP.e 9- If the fljeriff, his deputy, or bailiff, nrglecft their {herifforbaiiiii duty herein, or excufe any perfon for favour or reward; i,cgieaingor he fh.ll forfeit 20 ), to him who ^\\\ fue. n l^ % IV. c. 32. f' 6. Or, he may be fined lol, or under, by the judge of 3ffize. 3 G. 2. c. 25. /. 6. And no bailift, or other officer, (ball fummnn any prrfcn, other than fuch whofe name is fpecifitd in a man- date figntd by the fheriff" or under-(heriff, and direcicd to fuch bailiff or other officer; on p?. n of 10 1, on a fummary conviction before the judge of affize. 3 G. 2. ^ <:. 25-/6. In the cafe of A", and Jfhitaker, H. 18 C 3. The de- fendant was fummoning bailiff to the fheriff oi Middle fexy and it was his province to fummon jurors to attend to try caufes. An attachment v/as granted againft him, up- on a charge of demanding and receiv ng mor.ey from feve- ral of the inhabitants to excuie them (rom (eiving ; and for fummoning. fuch as reluftd to pay him, more fre- quently than it came tv^ theii turn. Being examined up- on interrogatories, it appeared to the court upon the 2 report 3Ju«;o?s. 703 report of Sir yamei Burrow^ that he admitted having; re- ceived fmall fums from feveral individuals : That in fome years, he had received in the whole about fixty or feventy pounds ; and in every year fomething, tho' fometimes not more than twenty pounds. But he denied ever having demanded it, or having ever been guilty of partiality, either in excufing thofe who paid him, or in fummoning thofe more frequently than he ought to have done' who refufed to pay him. He fwore he received it only as a Chriftmas-box, which had been cuftomary ; and in no other view whatever: And pofitively denied, that he ever a£led with any partiality in confcquence of its being given or refufed. — The court thought this to be a very bad practice, and of very evil example : Wherefore they fined him two hundred pounds, and ordered him to be committed till paid. They added, that the (herifF fhould be informed of this, and that it fhould be recommended to him to difcharge this man from his oflice of fum- moning bailiff. Cowper. "j'^l' 10. No perfons fliall be returned as jurors at the a f- How often the lizes ; who have ferved within one year before in the '^^" ^^ '^"'^' ^rn.»j . '^ c ■ L monedani county of Rutland^ or two years Defore in any other ,g,ye. county (not being a county of a city or town, and ex- cept the counties of York and of Middlefex)\ on pain that the fheriff, on examination and proof in a fummary way, ihall be fined by the judge not exceeding 5 1. 3 G. 2. c. 25. /. 4. And the fheriff fhall enter in a book, the names of fuch perfons as fhall be fummoned and fliall ferve at the affizes, with their additions, and places of abode alphabetically, and the times of their fervices ; and every perfon who hath ferved, {hall (on application by him made to the iheriff) have a certificate ^r<7/ij, teftifying his attendance: and the faid book (hall be tranfmitted to the fucceeding iheriff. 3 G. 2. c. 25. / 5. In the county of York\ they fhali not be returned above once in four years, at the affizes or feflions. 7^8 W. c. 32. / 7. \Q An. c. 14. /. 5. And if the flieriff of the county of Tork^ neg!e£l to keep fuch book as above, or to enter the names, or to de- liver over to his fucceffor the entries made for four years next before, or to deliver the certificate gratis -y he fliall forfeit 100 1, half to the king, and half to him that fliall fue. 3(5" 4 yf/7. f. 18. / 3. And if he fliall fummon or return any Juror, who fhall have ferved within four years, and (hall not on producing tbg certificate difcharge the iummons or return, and thereof 704- 3!lltO?S. thereof give notice to the parry rummoned, fix days be- fore the aflizes or feffions ; he (hail forfeit 20 1, to the party, with t'ull coft^ 3 ^ 4^"- c iB. /. 4. In the countv of M'lddlefex : No p^rfr.,. fhall be return- ed to firrye as a juror, at any ftiuins of niji prius, who hath been returned in the two terms or vacat ons next before ; on pain ff the flierifF being fined by the judge 5I or un- der. 4 G. 2 . ^. 7 ■ / 2 . And by tne 7 (3 Cif 8 //^. ^. 32. f. 9. The inhabitants of the city and libertv c.f Weftminficr fhall be exempted from ferving in any jury at the ftfllons for MidfUefex^ by reafon of their attendance at the courts of JVeJimin- jier hall. juryofvkw. n. In any a<^ions brought in the courts at Wejlm'm^ fiery v;here it (hail appeiUioato be 14. No ijicrifffliall return any juror, without the ad- leturned. dition of his dwelling, or fome other addition by vihich he may be known ; and no extract of iflues (hall be de- livered out, without fuch addition ; on pain of five mark'; to the king, and nve mark? to ths parry grieved ; to hz recovered in fcflions, or elfevvhere. 27 EL c. 7. Jurors not ap- 1 5. By the common law, jurors returned, and not ap- pearing, pearing, {hall lofe and forfeit the idues returned upon them. 35 //. 8. c 6. And if a juryman be called, and (being prefent) refufe to appear; or, having appeared, withdraw himfelf befoie he be fworn, the court may fet a fine upon him at their difcretion. 2 H. H.. 2^C)' 35 H. 8. c, b. f. 9. And by the 29 G. 2. f. 19. a juror not appearing and ferving in any court of record within the city of London^ or in any other city or town corporate, liberty, or fran- chife, after bein^i, openly called three t:mes, and oath made^ of his having been iummoned, fliall (without reafcnable excufeonoath or affidavit to the fatisfa6tiorv.of the court; be fined not more than 40 s, nor lefs than 20 s, and on refulV.l to pay 10 fuch perfon whom the judge or judges ^-^ fliall appoint to receive the fame, they {^lall levy the fame by warrant of diftrefs, rendering the overplus, the reafon- able charges of diftrefs and fale being firft dedutSled ; the fame to he paid to the proper officer oJ the pLice, to be applied to fuch uies as ifl'ues fet on .jurors or other fines fex m fuch courts are by charter, ufage, or prefcriptiun applicable. 16. If ■ ^urojg. 107 16. Ifthe clerk of affize, or other officer, {hall record I'^nnlty of re-^^ ?he appearance of any peifon who did not appear j he fhall, ^j^o a^,^not on conviction i)efore the judge of aflize in a (ummary appear. way, forfeit not exceeding lol, nor under 40 s, 3 G. 2. c. 25. /. 3. _ 17. Laftofallj 1 he name of each perfon fummoned Drawing jurors to try'the ijies of k/// pr/Kx, with h:s addition and place "^™"'^-'"^''* ©r abode, (hall be written in feveiai anddiftmct pieces of parchment or paper, as near as may be of equal fize, and delivered to tne marfhal by the under-flieritF. And the fame fhali by the marfnal be rolled up, a!], as near as maybe, in the fame mannt^r, and put together in a box or glafs rn be provided tor that p 'rp fe. And when any caufc (hall be brought on to be tried, fome indifFtrent perfon by direction of ihe court, (hall in open court draw out I2 of trie faid parchments or papers one alter another. And if any of the perfons v/hofe names ihAX be fo drawn, faali not appear, or be challenged and fct afide ; thrn fuch further number, until 12 'e drawn who iball appear, and afte all caufes of challenge, fhail be allowed as fair and indifFereitt. And the faid 12 per- (bns fo firft drawn and appe^nnji, and approved as in- difFerenr, their names being marked in the panel, and they being fworn, fnall be the jury to try the c-iu(e. And the names of the perfbns fo drawn and iworn, fliall be kept apart by themfelves m feme other box or glafs to b' kept for that purpofe, till fuch jury {hall have given in the;r verdi<3:, and the fame is recorded, cr until luch jury fliall by confeiu of the parties, or leave of the court, be dilcharged. And then the fame names {hall be rolled up again, and returned to the former box or ^K.fs, there ^ to be keptwith the other names remaining at tnat time undravi'^n. And fo toties quoties, as long as any caufe rem ins then to be tried. Provided, that if any caufe fliall be broupht on to be tried, b; fore the jury in any other caufe fhall have brought in (heir verdi6l, or be dif- charged ; the court may order 12 of the refidueof the faid parchments or papers, to be drawn as afotcfaid. 3 G. 2. i-. 25. / II, 12. IF. Of the challenge of jurors. And herein, i. Of the fevc'-al kinds of challenge. Y y 2 ;'/. lV^3en 7o8 "^moi^- it. JVhen the challenge is to be taken. Hi. Ho-w the challenge Jhall be tried, iv. How panels raay be refcrmed by the court y with- cut challenge. i. Of the fever al kinds of challenge. Twokir.dsof There are two kinds of challenge; either to the array, chalkrje. by which is meant the whole jury as it flands arrayed in. the panel, or little fquare pane of parchment on which the jurors names are written : Or to the j5j//j, by which are meant the feveral particular perfons or heads in the array. I Inf. 156, 158. To the arrjy. I. Challenge to the array, is in refpe^l of the partiality or default of the fherifF, coroner, or other oiBcer that made the return : And this istwo-folo ; Principal chal- (i) Principal challenge to the array: Which if it is l-'nge to the made good, is a fuificient caufe of exception, without "^*' leaving any thing to the judgment of the triers. Caufes of challenge of this fort, are fuch as thefe : If the fheriiT, or other officer, be of kindred or affinity to the plaintifF or defendant, if the affinity continue. If any one or more of the jury be returned at the denomination of the parcy plaintiff or defendant, the v/hole array (hall be quailaad. If the plaintiff or defendant have an a£lion of battery againft the (heriff, or the fheriff agatnft either party, this is a good caufe of challenge. So if the plain- tiffor defendant have an aciion of debt againfl the (hcriff; ,, but otherwife it is, if the- flieriff have an adticn of debt ^.gainft either party. Or if the /lieriff' have parcel of the land depending upon the fame title. Or if the fheriff, or his bailiff which returned the jury, be under the diftrefs tf either party. Or if the fueriff, or his bailiff, be either of counfel, attorney, officer, or fervant of cither party; goflip ; or arbitrator in the fame inatrer, and treated thereof. i In/{, 156. And formerly, if a peer was plaintiff or defendant, and a knight was not returned of the jury, the array might have been quaihcd : But now by the 24 G. 2. c. iS. f. 4. No chal!ena;e fhall be taken lo any panel o{ jurors, for want of ii knii^ht's being returned of the pa.iel, where a pter is a party. And the fubjecl: may challenge the array again fl the kina;5 as io tiaverfe cf an offi.cc, he that traverfetb may challenge 3Ji!ro?0. 709 thallenf^e the array : And fo it is in cafe of life. 1 InJ}. 156. Ami where afubjeiR; may challenge the array, for unin- diflerency, there the king being a party may alfo challenge for the famecaufe. i Inji. 156. The array challenged on both fiJss fhall be quaGied. I InJi. 156. (2) Challenge to the :?rray, for favour. He that taketh Challenge to the this muft ftiew in certain the name of him ihat ma^'e it, »' say lor favour, and in whofe time, and all in certainty. This kind of challenge, being no principal challenge, muft be left to the difcretion and confcience of the triers. As if the plaintiff or defendant be tenant to the fheritF, this is no principal challenge, but he may challenge for favour, and leave it to trial. So affinity between the fon of the fiierift, and the daughter of the party, or the like, is no principal challenge, but to the favour; but if the fherifF marry the in force. 2 H. H. 269. But if the party challenge above that number, he fliall not have judgment of death, but his challenge fhal! be over-ruled, and he (hall be put uoon his trial. i7, PL 259, 2 H. //. 2,0. Principal chal- ( ^^ ) Princi pal challenge to the polls: Where caufe is lengecothe fhewii, bu: which '.\ ioup.d true, ilands fufficient of itfelfj P°"5' wih ur leavMig any thiny; to the triers. Caufcs of principal challenge to the polls, are fuch as thefe: A peer is not to be fworn on juries, and he may be chall nged by either party, or may bring a writ of privi- lege for his difch-irge. i Inji. 156. 2 Haiv. 415. Want of treehold, is a i-ocd caufe of chal;enge. i hji, Alfo, if a perfon is an alien. i InJi. 156. If 'he juror be within the age of 21, it is a good caufe ofchdihnge. i h^Ji. 157. If a jtiror is above the age of 70, or is fick, or is non- retident m the < ounty, he may fue out a writ of privi- lege for his difch^'ge ; bur if he be returned and appear, he can neither be chal.enged by the p^rty, nor excufe himfelf from not ferving, if there be not enow without him. 2 Haw. /\.i^. If the juror be of blood or kindred to either party, this is 3 principal challenge ; for that the law prefumeth that one kiiUman doth favour another, b<;ft)re a fti anger ; and how far remote foever he is of kindred, yec the challenge is good, I /«/?. 157. AfHnity, 3Jiivojff- 711 Affinity, or alliance by marriage, is a principal chal- lenge, if the fame continues, or ilTue be had ; otherwife, it is but to the favour. l Injl. 157. \{ the juror be godfather to the child of the pUintifF or defendant, or they to his child, this is allowed to be a good challenge in our books, i Inji. 157. If the juror hath part of the land that dependeth upon the fame title, it is a principal challenge, i InJi, J57- It hath been allowed a good caufe of challenge, on the part of the prifoner, that the juror hath declared his opi- nion beforehand, that the party is guilty, or will be hanged, or the like. 2 Haw. 418. Likewife if the juror gave a verdiift before, for the fame cauf^, or upon the fame title or matter, though between other perfons. i /«/?. 157. So likewife one may becha^llenged, that he was indiilor cf the plaintiff or defendant in the fame caufe ; for fuch a one, it may be thought, will not falfify his former oath. Lamb. 554. And if a grand juryman who was one of the indi6tors in the fame caufe, be returned upon the petit jury, and do not challenge himfclf, he (hall be fined. 2 H. H. 309. If a juror hath been an arbitrator, chofen by the plain- tiff or defendant in the fame caufe; and hath been inform- ed thereof or treated of the matter, this is a principal challenge; otherwife, if he were chofen indifferently by either of the parties, i InJi. 157. li he be ofcounfel, fervant, or of fee^ of either party, it is a principal challenge, i InJi. 157. Aifo, if a juryman, before he be fworn, take informa- tion of the cafe, this is caufe of challenge. 2 H. H, 306. If any, after he be returned, do eat and drink at the charge of either party, it is a principal caufe of challenge. I In/i. 157. L'jt it is not a principal challenge to a juror, but only to the favour, that the profecutor was lately entertained at his houfe. 3 5c?//^. 81. Ailions brought by thejuror againft either of the par- ties, or by either of the parties againft him, which imply malice or difpleafure, are caufes of principal challenge ; other a6lions, which do not imply malice or difpleafure, are but to the favour, i In/i. 157. In a caufe where the parfon of the parifh is party, and the right of the church cometh in debate, a parifhioner is a principal challenge, i InJi. 157. Yy4 If 7*2 3Jaro2g. If either party labour the juror, and give hiiii any thin* to g'wf his verdivSl, this is a principal challenge; but if either party labour the juror to appear, and to do his confcience, this is no challenge at all, but lawful /or him to do it. I /«/?. 157. That the juror is a fellow frrvant with either party, is no principal challenge, but to the favour, i //t/?. 157. If the juror be attainted or convicted of treafon or fe- lony, or for any offence to life or member, or in attaint for a falfe verdicSl, or for perjury as a witnefs, cr in a con- fpiracy at the fuit of the king, or in any fuit (either for the king or for any fubjec?;:) be adjudged to the pillorv, tumbrel, or the like, or to be branded or ft'gmatized, or to have any other corporal punifhment, wheteby he be- cometh infamous; thefe, and the like, are principal caufes of challenge, i J.'i/L 15S. So it is, if a man be outlawed in trefpaf?, debt, or any other adlicn, for he is exUxy and therefore not a lawful man. I I/j/L 158. And eld books have faid, that if he be excommunicated, he could not be of a jury. \ Inji. 138. ^, Challenge to the polls for favour. This i«, when either party cannot take any principal challenge, but fhevi'eth caufes of favour, which muft be left to the con- fcience and difcretion of the triers, upcn hearing their evidence to nod him favourable, or not fdvourable. And the caufes of favour are infinite. For all which, the rule of law is, th-it he muft ftand indifferent, as he flands un- fworn. I hf.. 157. //. When the challenge is to he taken^ T. No challenge can be f>,ken either to the array, or to the polls, till a full jury have appeared. 2 Haiu,^ 2. He that hath divers challenges muft take them all at once. i.In/L 158. 3. If a juror be challenged by ore party, and after, be t; ied indifFerent, it is time enough ior the other party to challenge him. i Irjf. icg. 4. After challenge to the array, and trial duly returned, if the fame party ti-.ke a challenge to the polls, he muft fhew caufe prefcntly, i Injl. 158. 5. If a juror be formerly fworn, if he be challenged, the party muff fhew caufe prefently, and that caufc muft rife fince he was fwuin. i hji. 158. 6. When "^nme^ 71 6. When the king is party, the defendant that chal- Ient?eth for caufe muft fhew his caufe prefently. i /njf. 158. 7. But if a j'jror be challenged between party and party, and there be enough of the panel befides ; the caufe of ehall'-ng-e needeth not to be fliewed, unlefs the other fide chzlhnge'- touts peravall. Tr. p. p^iis 143. 8. If a man, in cafe of treafon or felony, challenge for caufe, and he be tried indifferent, yet he may challenge hint peremptorily. i /;zy'?. 158. 9. The prifoner niuli: take all peremptory challenges himfelf, even in cafes wherein he may have counfel. 2 Haw. 413. 10. The challenge to the array, mulL be in writing (C) ; but where the challenge is to the polls, it is a ihorc vvay by a verbal challenge. TV. p. pais 172. iii. How the challenges pall be tried, 1. The challenge of him who firft challenged fhall be fir It tried. Tr. p. pais 144. 2. If the array be challenged, it lies in the difcretion of the court how it (hall be tried ; fometimes it is done by two coroners, and fometimes by two of the jury, with this (lifFerence, that if the challenge be for kindred in the ilicriff, it is moft fit to be tried by two of the jurors re- turned ; if the challenge found in favour of partiality, then by any other two afligned thereunto by the court. 2 H. 3. When any challenge is made to (he polls, if it he before any jurors are fworn, the court fliall chufe the triers j if two are fworn, they fliall try j and if they try one indifferent, and he be fworn, then he and the two triers fhall try another; and if another be tried indilTe- rent, and he be fworn, then the two triers ceafe, and the two that be fworn on the jury fhall try the reft ; If the plaintiff challenge ten, and the defendant one, and the twelfth is fworn, bec^tife one cannot try alone, there fnall be added to him «ne challenged by the plaintiff, and another by the defendant. Finch. 112. I /«/?. 158. 4. The trier's oath is, " You fhall well and truly try, *' whether A. B. (the juryman challenged) fland indif- *' ferent between the parties to this ifl'ue : k)0 help you ?' God." I Salk. 152. 5. If 1 4^ SJurojs. 5. If the caufe of challenge touch the difhonouror dif- credit of the juror, he fhall not be examined on his oath; but in other cafes, he {hall be examined on his o^th, 10 inform the triers, i hijh 158. i Salk. 153. 6. If the array be qualhed againft the fheriff, the mocei's of venire facias juratores (hall he dire£led to the coroners ; if againft any of the coroners, then proceis fhall be awarded to the reft ; if againft all of them, then the court fhall appoint certain elifors (fo named ab elicendo)^ againft whofe return no challenge fhall be taken to the array, becaufe they v/ere appointed by the court ; but he may have his challenge to the polls, i iv. Ho'Ui panels tn^y he reformed hy the courts without challenge. Eefides the challenges which may be taken by the plaintiff or defendant, it is enacted by the -^H. 8. c. I2- that in cafes where the king is pirty, the juftices of aflize, or of the peace in feiliens, may reform the panels of jurors, by putting to, and taking out of the names of the perfons impanelled by their difcretion; and if the (heriffdo not return the panel fo reformed, he fhall forfeit 20 1, half to the king, and half to him that ftiall fue. And this extends both to grand and petit juries. 2 H, H. 156. And hence it is, that if a prifoner be arraigned before the judge that fits upon the crown fide, it is uCual for the judge to fend f r a jury to the judge of nif prius, and •when the jury is brought, the fheriff returns them between the king and the prifoner ; which is by virtue of this fta- lute. 2 H. H. 265. F, Of the demeanor of jurors in giving their verdict. Juror? to be I. By thc \zv7 of England^ a jury after their evidence kcpt\vi;hout wiven upon the iiTue, ought to be kept together in fome convenient place, without meat or drink, tire or candle, and without fpeech with any, unlefs it be the bailiff, and with him only if they be agreed, i Inji, 227. 2. And Q;eat or dtink. JUWS. 715 2. And the bailifF ought to be fworn to keep them t'>- Railifffwcmto gather, and not to {\tficr any to fpeak with them.- 2 H i^eep them. H. iqb. 3. And if the jury after then evidence given to them Whether eating at the b.ir, do at their own charges eat or drink, either ^"'^ Jrinking beff>rf or after they be agreed on their verdiif^, it is find- ^'^^d'-^'''''^^'^'^ ble, but it fhall not avoid the verdid^ ; but if before they be agreed on their verdiit, they eat or drink at the chircre of the plaintiff, if the verdid be given f>r hini, it Ihall avoid the verdict j but if it be given for the defendant it fhall not avoid it, and fo on the contrary. But if after they be agreed on their verdid.!, they eat or drink at the charge of him for whom they do pafs, it (hAl not avoid the verd'61. i //^. 227. 4. But with the aflent of the jjftices they may both eat in what caiL-s and drink; a? if any of the jurors fall fick before they '^'^y may eai or be agreed of their verdidt, then by the afTent of the ^'^'"'*^' juftices he may have meat or drink, and alfo fuch other things as be neceflary for him and his fellows alfo, at their own colb, or at the indifferent cofts of the parties, if they fo agree : And if they cannot agree, the juftices may in fuch cafe fufFt^r the jury to have both meat and drink for a time, tu fee whether they will agree. Dr. iff St. 158. 5. After their departure they may deflre to hear cn€ of ^^yre-examip.e the witnefles again, and it fhall be granted fo he deliver ^''""^''"^' his teftimony in open court; and alfo they may defire to propound quefliOiis to the court for their fatisfa£f ion, and it lliall be granted, fo it be in open court. 2 H. H, 296. 6. Bat if the plaintifF after evidence g'ven, and the May hear no jury departed from the bar, or any for him, to deliver ^^''^^'^'^'^^ '^"^ '-^ any letter from the plaintiff to any of the jury concerning '^^^^^' the matter in ifTue, or any evidence, or any writing touch- ing the matter in ifTue, which was not given in evidence, it (hall avoid the verdict, if it be found for the plaintifF, but not if it be found for the defendant, and fo on the contrary. But if the jury carry away any writing un- fealed, which was given in evidence in open court, this {hall not avoid their verdi6t, albeit they fliould not have carried it with them, i Inji. 227. 7. A jury charged and fworn in a capitJ cafe, cannot ^ . ,.. t ^ J J ^ ^ ' i^annot be dif- be difcharged (without the prifoner's confcnt) till they charsed with- have given a verdidt. 2 Hawk. 439. Fojl. 22. Sir yohn outgiving a lVedderbourn\ cafe. ^'''^'*^- And the king cannot be nonfuit, for he is in judgment of Jaw ever prefent m court, i /«/?. 227. 8. If / 1 6 S«t'^?0. May be fined for g. If a j-jry Tay they are agreed, and it being a/ked aVHo faying t!.ey-ara j^^jj ^ f^^ tbetn, they fay their foreman, but upon farther agieed, when . .J ji. ,rs -rrr they aie not. inquiry -they are not agreed^ they may be fined. 2 I'l. H. Caftin" lo's for „ „. , . ,^, Q. If a jury caft lots for their verdi(E^, it fl:ia!l be fet thtirverdift. aiide, and they Ihali be hned for the contempt. 3 KeL S05. 2 Lni. 140, 205. 2 Jones 6^. M. 12 G. Hole and Cot-^. The jury having fate up 2II right agreed in the m«.rriing to put two papers into a hat, marked PlairtiJJ' zt\6 Defemlnnl^ and To draw lots ; Plaintiff' came out, and they found for the plaintiff, which hap- pened to be according to the evidence, and the cpinion of the judge. Upon motion for a new trial ; ic was agreed that the verdidt niuft be fet afide ; hut the queftion was, whether the defendant fhouid pay cofts ; the court in- clined to give the plaintiff coil";, compaiing it to the cafe of a verdict againft evidence; but at laft it was agreed, that the cods ftiould wait the event of a newtri.il. 8tr. 642. Giving verd'ift 10. The jury may give a verdi£t without teftimony, without evi- when they themfelves have conufance of the fadt. 'Tr. p. *^'=""' pais 279. I FeKt. 67. Turor may be a H* ^"^ '^ ^^^7 to'^c a verdict OH their own know- witnefs. ledge, they ought to tell the court fo ; but they may be fworn as witnefles ; and the fair way is to tell the court before they are fworn that they have evidence to give. I SalL 405. For certainly it is of dangerous confequer.ce, to receive 2 verdifi againft evidence given, on fuppofal that fome of the jurv knew otherwife, or on ptivate information given by any juryman to the reft, whefe he cannot be crcfs examined. 7r. p. pais 209. Pfivate verdlft. 12. After they be agrted, they may in caufes between party end party, if the cojrt be rifen, give a private ver- dict, before any of the judges of the court j and then they may eat and drink ; and the next morning in open court they may either afRrm (»r alter their private verdidt ; and that which is given in court Tnall ilaiid. i //^. 227. Bat in criminal cafes of life or number, ihejury can give no private verdidt, but they n.ult give it openly in court. I irji. 227. Sr^cial verj;£l. 1 3- ^n 2^ caufef, and in all anions, the jury may give cither a general or a fpecial verdidt, as well in caufes criminal as civil ; and this court ought to receive a fpecial verdidt, if pertinent to the point in i/lue. 3 S^^^' 373^ 1 h\ir. Thus U one be indided for grand larceny, that is, for ftealing poods above :he value of 12 d, yet the jury may find fpecialiy, that he is guilty, but that the goods are not above the value of 12 d. In which cafe he fhall only have judgmcn;: of petty larceny, i Haxv. 95. 14. Jurors are :o try the fa6l, and the judges ought to Jurors to try not iudcre accordino; to the lav/ that arifeth upon the fa£l. ^'"^ '^"'' '*"'^''^« I In/L 226. Buc if they vi';!! take upon them the knowledge of the law upon the matter, they may j yet it is dangerous, for if they miftdke the law, they run into the danger of an attaint ; therefore to find the fpecial matter is the fafeft way, where the cafe is doubtful, i Inji, 228. But if the jury find according to the dire£lion cf the judge in matter of law, although the judge be miftaken, yet the jury (hall not be liable to attaint. L. Raym. 47°- 15. It hath been adjudged, that if the jury acquit Finding againft a prifoner of an indictment of felony againft manifefl '^^'''^^'^'^"^'• evidence, the court may, before the verdiil is record- ed, but not after, order them to go out again, and reconfider the matter; but this by many is thought hard, and feems not of late years to have been fo frequently pra£iifed as formerly. However it is fettled, that the court cannot fet afide a verdicl which acquits a defendant, of a profecution properly criminal, as it feems that they may a verdifi that convitSts him, for having been given contrary to evidence, and the direc- tions of the judge, or any verdi6t whacfoever for a mif- trial. 2 Haw. 442. 16. Aficr the verdiifl recorded, the jury cannot vary Varying from from ir ; but before it be recoided, they may vary from the verdia. the firft offer of their verdiCl, and that verdidl which is recorded fliall itand. i InJ}. 227. 17. A verdict finding an inipoflible matter fliall not Vcra;a finiing be void, if at the fame time it find the fubflance of ''"'"'l'^^^'^'''^y* the indictment ; but the fuTplus Hiall be rejcded. i Havjk. 71- 18. Verdict fhall not be taken io ftrnftly as pleadings ; Verdiahowfar but the fubftance of the ihin^ in ifTue ou^ht to be always ^"^^ ^^^ercly for giving a verdiifl againft evidence, or the direction of the couit, either in a capiial or civil matter. 2 Haiv, 147. I And SUtO?l^> 72 K And the fining and imprifoning of jurors for givincr their verdid, hath feveral ti.-es been declared in parlia- ment an illegal and arbitrary innovation, and of danger- ous confequence to the govermnent, and the lives and liberties of the fubjedi:. 2 Keb. 180. Riad. Jur. And in Bujhd'% cafe, it was refolved by all the judged, upon a full conference together, that a jury is not finable for going againit their evidence, where an attaint lies. And where an attaint doth not lie, J/. Vaughan fays thus: " That the court could not fine a juryman at the com- *' mon law, where attaint did not lie, I think to be the •* cleareft pofition that ever 1 confidered, either for au- *' thority or reafon of law." And one reafon for this is^ becaufe the judge cannot fully know upon what evidence the jury give thtir verdi6l ; for they may have other evi- dence, than what is fhevtrn in court ; they are of the vi- cinage; the judge is a ftranger ; they may have evidence from their own perfonal knowledge that the witneffes fpeak falfe, which the judge knows not of; they may know the witnefTes to be ftigmatized and infamous, tt'hich may be unknown to the parties or court. And if the jury knew no more than what they heard in court, and fo the judge knew as much as they, yet they might make different conclufions, as oftentimes two judges doj and therefore as it would be a ftrange and abfurd thing, to punifti One judge for differing with another in opinion or Judgment, lo it would be worfe for the jury, who are judges of the fa£t, to be punifhed for finding againft ih(g direftion of him who is not judge of the i&Si. Tr, p, pais 225. L. Faugh. 135. And to fay the truth, fays lord Haky it would be the moft unhappy cafe that could be to the judge, if he at his peril muft take upon him the guilt or innocence of the prifoner : and if the judge's opinion muft rule the matter of fafl:, the trial by jury would be ufelefs. 2 H, But what if a jury give a verdidt againft all reafon, con- vifling or acquitting a perfon indidted of felony, what (hall be done ? If the jury ccnvi^ a man, againft or without evidence, and againft the direflion of the court, the court may reprieve him before judgment, and acquaint the kinjr, and certify for his pardon : if the jury acquit him in like manner, the court may fend them back again (and fo in the former cafe) to confider better of it, before they record the verdict ; but if they arc peremptory in it, and ftand to their verdidt, the court muft take their verdict and re- cord it. 2 H, H. 309, 310. Vol. II, Z z A. War-. 722 3^tm&< A. Warrant for the returning lifts of jurors, f To Hc77ry Holmes gentleman, high con- Weflmcrland. -j ftable of the Well Ward, within the C county aforefaid. y^T the general quarter fcjp.ons of the peace of our foverelgn -^ lord the kingy holden at ■ in and for the Jaid county, the •■■ day (t/" July, in the ' year of the reign of our /aid fovereion lord George the third, of Great Britain, France, and Ireland, king^ defender of the faithy and fo forth ^ before us ejquires, and others our af- fociateSy jujiices of our faid lord the king, afftgned to keep the peace of our faid lord the king in the county aforefaid^ and alfo to hear and determine divers felonies ^ trefpoffes-^ and other mif- demeanon in the faid county committed : Thefe are to require ycu, upon fight hereof to iffue forth your precepts to all the petty conflables within your faid ward, thereby direSting and requiring them, to make and return true lifts of juror Sy according to the form or to the effeif herefolhiu- ing J that is to jay ^ Weftmorland, i -r^ ^. n i , r Weft Ward. \ ^° '^^ conftable of ■jQ T virtue of a warrant from his majeftys jufices of the •*-^ peace in and for the faid county, at their general quarter feJp'Ons affembled, unto me direded, you are hereby required to make a true lifi in zvriiing, containing the names and places of abode, together zviih the titles and additions , of all perfons, be- tween the ages of 21 and 70, dwelling within your conjiable- %vick, qualifed to ferve upon juries ; that is to fay, of every fuch per/on who hath in his oivn namCy or in trnji for htm, wiihiu the county afrefaid, 10 1 a year above reprizes of free- hold or copyhold lands or tenement Sy or of lands and tenements of ancient demefne, or in rents, or in all or any of them, in fee fimple, fee tail, or for the life of himfelf or fome other pcrfon ; or having land in poffeffion in his own right of 10 1 a year above the referved rent, te^ng held by leaf e for 500 years 6r more, or for 99 years, or any other term determinable on one $r more lives : in order to the making of which liji, you may^ if you think it reedful, apply to any parifh officer, who fhall have in his cuflody any of the rates for the poor or land tax^ and from thence take the names of fuch perfons jo qualified. Which 5 ¥ iijf fo being made as aforefaid^ you are required^ upon twu or more fundays, at leajl 20 days before Michaelmas next^ to fix on the door of the church or chapel^ and of every other publick place of religious tvorjhip within your panjji or other preclnSi ; and leave at the fame time a duf>HcQte thereof with a churchwarden or ovcrfeer of the poor, to be ferufed by the parijhioners gratis. And the faid liji you 'are alfo furthtr required to deliver in at the next general quarter feffions of the peace, to be holden in and for the faid county, in open court ; or othervjife, you may in the mean time apply to one of his meKion^* C. Chal. 724 3IUtO?Sf. C. Challenge to the array, becaufe the fheriff is 6^ kindred to one of the parties ; from Coke'i entries. AND now at this day, io wk came the aforejaid "^ A. the plaintiff', and B. the defendant, by their at tor - nies, and the jurors were impanelled, and demanded, and came, end thereupon the aforejaid B. challengcth the array of the pa- nel aforefaid, becaufe he faid that that panel was arrayed bs one John Zouch, knight, now and at the time of making thy ' array aforejaid Jheriff of the faid county of Yitt\>y, which faid fheriff is a kinfman of the aforejaid John Maners (the plain- tiff ) j to wit, the f on cf George Zouch, eJqtiire,Jon o/" John 2ouch, knight, Jon c/John Zouch, eJquire,fon ^William lord Zouch, fon of Alan lord Zouch, fon 0/ William lord Zouch, fon of Elizabeth daughter of William krd Roos, father o/"Witiiam lordRoos, father <7/'Thomas lord Rocs, father of Eleznor mother of George Maners, knight, father of Thomas earl of Rutland, father of the aforejaid John Maners. And this he is ready io verijy, whereupon he prayeth judgment, and that the Jaid panel may be quojhed. Which faid challehge by and by - triers, to this chojen and fworn, is found true, jfnd therefore let the panel aforefaid be qtiajned and amoved, &c, Tr. p. pais 160, Challenge becaufe the panel was returned at the inftance of the party. And upon this, the Jaid « '. challenges the array of the faid panels becaufe he fays, that that panel was arrayd by one J. S. efquire, late Jheriff of the county of aforefaid, at the nomination of the faid and in his favour j which faid challenge, by triers thereof fvucrn is found true» For other forms of challenges, and proceedings there- upon, fee Tr. per pais 159 — ^84. Juftiiiable homicide. See ^^omicitJe. 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