satisfaction be made of such judgment as aforesaid, or until such person or persons shall be ordered by the commissioners of excise to be liberated or discharged.' But by stat. 7 & 8 Geo. 4, c. 53, s. 91, where any goods or chattels of and belonging to any person or persons against whom any such warrant for arrest shall have been granted, shall be found at any time or times after the granting or execution of such warrant, it shall be lawful for the person or persons by whom such warrant shall have been granted, or for any one or more of the justices of the peace in whose jurisdiction any such goods or chattels shall be found, and he and they is and are hereby respectively authorized and required, notwithstanding the granting of such warrant of arrest, to award and grant a fresh warrant or warrants under his or their hand or hands, to any officer or officers of excise, to levy upon the goods and chattels so found any penalty or penalties, or any sum or sums of money, charges, and expences, for which the former levy warrant may have been granted, or to levy so much thereof as may not have been before paid; and upon payment and satisfaction thereof, the warrant for arrest shall be discharged, and the person or persons arrested shall be forthwith liberated out of custody.' Lastly, by stat. 7 & 8 Geo. 4, c. 53, s. 92, 'where any such warrant as aforesaid shall be granted, and cannot be executed by reason that sufficient distress, or that the person or persons against whom the same shall have been granted, cannot be found within the limits of the jurisdiction of the justices in which such warrant shall have been issued, it shall be lawful for any one or more of the justices of the peace for any other county, shire, division, city, town, or place, within the united kingdom, and such justice or justices is and are hereby respectively authorized and required to indorse his or their name or names respectively upon such warrant; and such warrant and indorsement thereon shall be a sufficient authority to the officer or officers of excise to whom such warrant shall be directed, or having the execution thereof, to execute the same in such other county, shire, division, city, town, or place, and to levy as aforesaid the penalty and penalties, or sum and sums of money, for which such warrant shall have been granted, or so much thereof as may not have been before paid upon the goods and chattels of and belonging to the person or persons against whom such warrant shall have been granted, which shall be found within the jurisdiction of the justice or justices indorsing such warrant, or to arrest and convey such person or persons to the common gaol or house of correction of the county, shire, division, city, town or place where such warrant shall have been executed, there to remain until delivered, as by this act is before directed: Provided always, that no action of trespass or false imprisonment, nor any information or indictment, or other prosecution, shall be brought, commenced, or prosecuted, against any justice or justices of the peace respectively, for or by reason of his or their having granted subsidiary war 2 rants, or indorsed any warrant in pursuance and under the directions of this act, in execution of any judgment; but it shall be lawful for any person or persons to bring or prosecute his, her, or their action or suit against the commissioners or justices respectively, by whom the original warrant in execution of such judgment shall have been granted, in the same manner as such person or persons might have done, if this act had not been made.' Distribution of penalties, &c.] By stat. 7 & 8 Geo. 4, c. 53, s. 103, all penalties and forfeitures incurred and recovered under or by virtue of this act or any other act or acts of parliament relating to the revenue of excise, (such cases only excepted for which other directions shall in any act or acts of parliament relating to the revenue of excise be specially given,) shall, after deduction therefrom of all costs and expences relating thereto incurred, be distributed, one moiety thereof to the use of his Majesty, his heirs and successors, and the other moiety to the officer or officers of excise, or the person or persons who shall discover, inform, or sue for the same.' Complaints as to overcharge.] By stat. 7 & 8 Geo. 4, c. 53, s. 120, it shall be lawful for the commissioners of excise, or any three or more of them, within the limits of the chief office of excise, and for any two or more of the justices of the peace in any other part of the United Kingdom within whose jurisdiction respectively any person or persons chargeable with any duty of excise shall have been charged therewith, upon complaint to them respectively made by any such person or persons, of any overcharge in that behalf made by any officer of excise, within twelve calendar months next after the making of such charge, and such commissioners and justices are hereby respectively authorized and required to hear, adjudge, and determine such complaint, and to examine the witness or witnesses upon oath, who shall be thereupon produced, as well on the behalf of the person or persons making such complaint as on the behalf of his Majesty, and of all parties therein concerned, and shall thereupon, by warwant under their hands, discharge or acquit such person or persons of so much of such charge as shall be made out and proved before such commissioners of excise or justices of the peace respectively to have been overcharged; and if such person or persons shall, before such acquittal, have paid any money upon or in respect of such overcharge, it shall be lawful for the commissioners of excise or the commissioner or commissioners and assistant commissioners of excise in Scotland and Ireland respectively, and they are hereby respectively required upon such acquittal as aforesaid, to repay to such person or persons out of the public monies in their hands, or, at their discretion, to allow out of the next duties becoming payable by such person or persons, so much money as shall have been so paid as aforesaid, any thing in this act or in any other act or acts of parliament to the contrary thereof in anywise notwithstanding: Provided always, that no such complaint shall be heard before the said commissioners of excise, unless the same shall be entered by or on behalf of the complainant in a book to be kept for that purpose in the office of the solicitor of excise, for the summary jurisdiction, at the chief office of excise, stating the particulars thereof, and the name and place of residence of every such complainant; and upon every such complaint being so entered, a notice shall be given by the said commissioners of the time and place by them appointed for the hearing of such complaint; and if such complainant shall not appear at the time and place appointed for the hearing of any such complaint, it shall be lawful for the said commissioners, or any three or more of them, to dismiss such complaint, upon proof of notice of the time and place appointed for the hearing of such complaint having been given to such complainant, or left at the place mentioned in such complaint book as aforesaid to be the place of the residence of such complainant; and that no such complaint shall be heard before any justices of the peace, unless a notice in writing of the time and place of hearing thereof (which notice shall contain and set forth the ground and substance of such complaint,) shall be given to the collector of excise in whose collection, or to the supervisor of excise in whose district, such overcharge shall have been made, within eight days at the least before the time appointed for the hearing of such complaint; and provided always, that the payment of any duty with which any such complainant as aforesaid shall have been charged, or any proceedings for the recovery of such duty, shall not be delayed or suspended by reason of the making of any such complaint, or of the same being depending.' Forms of informations, convictions, &c.] It is unnecessary to give any forms under this head of excise: the commissioners of excise furnish their officers with printed forms of informations, convictions, &c.; and these are always filled up, by the officers, or by some professional person employed for that purpose by the commissioners, before they are laid before the justices. Same as the form, FIRE-WORKS. 1. Selling Fire-works. Information. ante, p. 95, to the words] informeth me, that C. D., late of the parish of —, in the county aforesaid, toyman, on the day of, in the year aforesaid, at the parish of in the county aforesaid, did sell [“ sell, give, or utter, or offer or expose to sale"] unto one E. F., certain fire. works, to wit, five squibs ["squibs, rockets, serpents, or other fire-works"]; contrary to the form of the statute in such case made and provided: Whereby and by force of" &c. as in the form, ante, p. 95, to the end. Penalty, £5, half to the person who prosecutes, and half to the poor of the parish. 9 & 10 W. 3, c. 7, s. 2. Conviction. Same as the forms, ante, p. 110, 111, stating the offence as in the information, supra. Warrant of Distress, &c. Same as the forms, post, Ch. 5. In default of distress, imprisonment and hard labour for a time not exceeding a month. 9 & 10 W. 3, c. 7, s. 3. 2. Suffering Fire-works to be thrown from Houses into the Street. on the Information. Same as the form, ante, p. 95, to the words] informeth me, that C. D., late of the parish of in the county aforesaid, grocer, day of - in the year aforesaid, at the parish of in the county aforesaid, did permit and suffer certain fireworks, to wit, five squibs ["squibs, serpents, rockets, or other fire-works"] to be cast, thrown, and fired out of and from the dwelling-house of the said C. D., there situate, into a certain public street there, called - -; contrary to the form of the statute in such case made and provided: Whereby and by force of" &c. as in the form, ante, p. 95, to the end. Penalty, 20s., half to the person who prosecutes, and half to the poor of the parish. 9 & 10 W. 3, c. 7, s. 2. Conviction. Same as the forms, ante, p. 110, 111, stating the offence as in the information, supra. Warrant of Distress, &c. Same as the forms, post, Ch. 5. In default of distress, imprisonment and hard labour for a time not exceeding a month. 9 & 10 W. 3, c. 7, s. 3. 3. Making Bonfires, or letting off Fire-works, near a Highway. Information. BERKSHIRE, to wit: Be it remembered, that on the day of day of ——, A B., of —, in the said county, informeth me, J. P., one of his Majesty's justices of the peace for the said county, that C. D., of in the said county, on the instant, at in the said county, within eighty feet of the centre of a certain turnpike-road there situate, to wit, upon the said road, [did make and assist in making a certain fire, commonly called a bonfire," or, "did set fire to, and wantonly let off and throw certain fire-works, to wit, a squib]; contrary to the statute made in the third year of the reign of King George the Fourth, For regulating turnpike-roads,' which hath imposed a forfeiture of a sum not exceeding forty shillings for the said offence, over and above the damages occasioned thereby. Taken the day of before me. See stat. 3 Geo. 4, c. 126, s. 121. the statute, s. 148, and sch. No. 18. plication of penalties, see Id. s. 141. J. P. The above form is given by |