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Conviction.

BERKSHIRE, to wit: Be it remembered, that on the day of, in the ninth year of the reign of our sovereign lord King George the Fourth, and in the year of our Lord one thousand eight hundred and twenty-eight, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that the said C. D., on," [&c. stating the offence in the same words as in the information, to the words] "contrary to the form of the statute made in the third year of the reign of King George the Fourth, intituled 'An act to amend the general laws now in being, for regulating turnpike-roads in that part of Great Britain called England;' and I do hereby declare and adjudge, that the said C. D. hath forfeited, for the said offence, the sum of [forty] shillings. Given under my hand and seal, the day and year first above written.

J. P.

This form is given by stat. 3 Geo. 4, c. 126, s. 148, and sch.

No. 19.

To the constable of

Warrant of Distress.

BERKSHIRE, to wit: Whereas C. D., of , in the said county, is this day convicted before me, J. P., esquire, one of his Majesty's justices of the peace in and for the said county, upon oath of G. H., a credible witness, for that he the said C. D." [here set forth the offence, describing it particularly in the words of the statute, as near as may be]; contrary to the statute in that case made and provided; by reason whereof the said C. D. hath forfeited the sum of· to be distributed as herein is mentioned, which he hath refused to pay: These are, therefore, in his Majesty's name to command you to levy the said sum of

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by distress of the goods and chattels of him the said C. D., and if within the space of four days next after such distress by you taken, the said sum, together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale, that you do pay one half of the said sum of to E. F., of - who informed me of the

to I. K.,

said offence, and the other half of the said sum of the surveyor of the turnpike-road" [describing it] "where the said offence happened, to be employed towards the repair of the said road, returning the overplus on demand to him the said C. D. (the reasonable charges of taking, keeping, and selling the said distress being first deducted); and if sufficient distress

cannot be found of the goods and chattels of the said C. D., whereon to levy the said sum of , that then you certify the same to me, together with this warrant. Given under my hand and seal, the day of, 1828.

J. P.

Return of the Constable, to be made upon the Warrant of Distress, where there are no Effects.

I, G. H., constable of the parish of, in the said county of do hereby certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the within named C. D., and that I can find no sufficient goods, whereon to levy the said sum of As witness my hand, theday of

1828.

Sworn before me, the day and year

G. H.

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Commitment, for want of Distress.

BERKSHIRE, to wit: To the [constable] of

in the said

county, and to the keeper of the common gaol [or, the house

of correction] at

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in the said county.

day of

Whereas C. D. of in the said county, was, on the day of, in the year of our Lord, 1828, convicted before me, J. P., esquire, one of his Majesty's justices of the peace in and for the said county, upon the oath of E. F., a credible witness, for that he the said C. D." [here set forth the offence]; "contrary to the statute made in the third year of the reign of his Majesty King George the Fourth, For regulating turnpike roads;' by reason whereof the said C. D. hath forfeited the sum of : And whereas on the in the year aforesaid, I did issue my warrant to the constable of to levy the said sum of —, by distress and sale of the goods and chattels of him the said C. D., and to distribute the same, according to the directions of the said statute: And whereas it duly appears to me, upon the oath of the said constable, that the said constable hath used his best endeavours to levy the said sum on the goods and chattels of the said C. D. as aforesaid, but that no sufficient distress can be had whereon to levy the same: These are therefore to command you the said constable of aforesaid, to apprehend the said C. D., and him safely to convey to the common gaol [or, house of correction] at in the said county, and there deliver him to the keeper thereof, together with this precept; And I do also command you the said keeper to receive and keep in your custody the said C. D. for

the space of three months, unless the said sum shall be sooner paid, pursuant to the said conviction and warrant; and for so doing this shall be your sufficient warrant. Given under my hand and seal, the in the year of our Lord 1828. J. P.

day of

FISH.

See "Larceny."

FLOUR.

See "Bread."

GAME.

1. Keeping or using a Dog, Gun, &c. to kill Game.

Information.

in the

Same as the form, ante, p. 95, to the words] informeth me that C. D., late of the parish of "" in the said county, labourer, within the space of three months now last past, to wit, on the day of, in the year aforesaid, at the parish of county aforesaid, (the said C. D. being then and there a person not having lands, tenements, or any other estate of inheritance in his own or his wife's right, of the clear yearly value of one hundred pounds, or for term of life, nor then having any lease or leases of ninety-nine years, or for any longer term, of the clear yearly value of one hundred and fifty pounds; and the said C. D. not then being the son and heir apparent of an esquire, or other person of a higher degree; nor then being the owner or keeper of any forest, park, chase, or warren, being stocked with deer or conies, for his necessary use, in respect of such forest, park, chase, or warren; nor then being lord of any manor, lordship or royalty; nor then being game-keeper [within any lordship, manor or other royalty," or if he be a game-keeper, sporting out of his manor, &c. say, "within the lordship, manor or royalty,

within which the offence herein-after mentioned was committed] duly authorized and empowered by the lord or lady of such manor or royalty, by writing under his or her hand and seal, to kill or take any game whatsoever, in or upon such manor or other royalty; nor then being a person duly appointed or deputed by any lord or lady of any manor to be a game-keeper to any such manor, with authority as game keeper to kill game within the same for the use of such lord or lady, or for his own use, or for the use of any other person or persons whatsoever; nor then being a person in any manner whatsoever qualified, empowered, or authorized by law to take, kill, or destroy any sort of game whatsoever, either for himself, or for any other person or persons whatsoever, or to keep or use any greyhounds, setting-dogs, hayes, lurchers, tunnels, or any other engine for the destruction of game; did then and there keep ["keep or use"] a certain greyhound ["any greyhounds, setting-dogs, hayes, lurchers, tunnels, or any other engine"], to kill and destroy the game; contrary to the form of the statute in such case made and provided: Whereby and by force of the statute in such case made and provided, the said C. D. hath forfeited for his said offence the sum of five pounds. Wherefore the said A. B., who sueth [&c. as ante, p. 95, to the end.

Penalty £5, half to the informer, and half to the poor of the parish. 5 Ann. c. 14, s. 4. As to the killing of game by officers or soldiers, see the Annual Mutiny Act.

Summons.

Same as the form, ante, p. 96.

Conviction.

BERKSHIRE: Be it remembered, that on the

in the year of our Lord

day of in the county in the said county, yeo

-, at

of Berks, A. B. of the parish of man, personally came before me, J. P., one of his Majesty's justices of the peace for the said county, and informed me that C. D., late of the parish of in the said county, labourer, within the space of three months," [&c. as in the above information, to the words] contrary to the form of the statute in such case made and provided: Whereupon the said C. D., after being duly summoned to answer" [&c. as in the form of conviction, ante, p. 110, to the end.

The conviction must be made within three lunar months after the

offence committed. See stat. 5 Ann. c. 14. R. v. Bellamy, 1 B. & C. 500. It is not necessary to negative the qualifications by the evidence. R. v. Turner, 5 M. & S. 206.

Warrant of Distress, &c.

Same as the forms, post, Ch. 5. In default of distress, the of fender to be sent to the house of correction for three months for the first offence, and for every subsequent offence four months. 5 Aun. c. 14, s. 4.

2. Killing Game without a Certificate.

Conviction.

BERKSHIRE, to wit: Be it remembered, that on the

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day

—, at —, in the said was duly convicted by [me, on the

day of

of, in the year of our Lord county of Berks, C. D. of. J. P.], for that he the said C. D., in the year aforesaid, at in the said county, and within the district of , did use a gun [“dog, gun, net, or other engine"], for the purpose of taking and killing game ["game, woodcock, snipe, quail, landrail or conies "] without having obtained such certificate as is directed by the statute in that behalf made and provided, in order to an assessment for the said year; contrary to the form of the statute in that case made and provided: And he was adjudged to pay the sum of pounds,

for his said offence.

Given under the hand and seal of me J. P., being a justice of the peace for the county aforesaid, and a commissioner acting in the execution of the acts relating to assessed taxes for the district of

Or, "Given under, the hands and seals of us O. P. and S. T., being commissioners acting in the execution of the acts relating to assessed taxes for the district of ➡

This form is given by stat. 52 Geo. 3, c. 93, sch. L, s. 15. Penalty £20; Id. s. 12; but it may be mitigated to a sum not less than one half. Id. s. 13. Mode of proceeding. Id. Costs. Id. Appeal. Id.

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