Slaughtering, without licence, or out of hours, &c.] And if any person, keeping or using any such slaughtering-house as aforesaid, shall slaughter any horse, mare, or gelding, foal or filly, ass or mule, or any bull, cow, heifer, ox, calf, sheep, hog, goat, or other cattle, for any other purpose than for butcher's meat, or shall slay any horse, &c., brought dead to such slaughtering house, without taking out such licence, or without giving such notice as aforesaid; or shall slaughter or slay the same, at any time other than within the hours herein-before limited; or shall not delay slaughtering the same, according to the direction of such inspector so authorized to prohibit the same as afosesaid: felony, fine and imprisonment, and corporal punishment, by public or private whipping, or transportation for not more than seven years. Id. s. 8.

But by stat. 5 & 6 W. 4, c. 59, s. 7, the offence of slaughtering horses, or cattle (not being for butcher's meat,) is either punishable upon summary conviction, with a fine not exceeding £5, nor less than 10s., or punishable as in the above section is provided. See the form of conviction, ante, p. 194.

Licensed persons to keep accounts.] Every person so licensed as aforesaid, shall, at the time any horse, &c., shall be brought for the purpose of slaughtering, or flaying, make an entry in a book, to be kept for that purpose, of the name, place of abode, and profession of the owner thereof, &c.: and all and every such licensed person shall at all times attend with, and produce such book before any justice of the peace for the county, &c. where such licensed slaughtering-house shall be situate, when required by warrant or order under the hand and seal of such justice of the peace so to do, and shall likewise produce the same at every general quarter sessions of the peace which shall be held in and for the said county. 26 G. 3, c. 71, s. 4.

Making false entries therein.] And if any person, so licensed as aforesaid, shall make any false entry in any such book, by him kept as aforesaid, of any matter or thing, so required by him to be made in such book as aforesaid, he, being convicted thereof, upon the oath of two credible witnesses, before any one justice of the peace for the county, riding, franchise, or district wherein such slaughtering-house shall be situated, shall forfeit any sum not exceeding twenty pounds, nor less than ten pounds, to be levied by distress and sale of the goods and chattels of such offender by warrant under the hand and seal of such justice (the surplus arising from such distress and sale, after the deduction of the charges thereof, to be restored), one moiety thereof to be paid to the informer, and the other moiety thereof to be forthwith paid or transmitted, by the said justice, to the overseers of the poor, for the use of the poor of

the parish wherein such offender or offenders shall reside: and in case such offender or offenders shall not have effects to the amount of the said penalty, it shall be lawful for such justice, after sale and application as aforesaid of such effects as shall be found, to commit him to the house of correction, there to be confined to hard labour for any time not exceeding three months, nor less than one month. Id. s. 10.

day of

And a conviction for such offence, in the tenor or to the effect following, shall be good :—Id. s. 11. Be it remembered, that on this in the year A. B. licensed for slaughtering horses, is convicted, upon the oaths of C. D. and E. F. two credible witnesses, before me G. H. one of Her Majesty's justices of the peace for the county —, of having wilfully made, or caused to be made, [as the case may be], a false entry in the book required by the statute, in that case made and provided, to be kept by the said A. B. whereby he, [she or they] has [or have] forfeited the sum of Given under my hand and seal, the day and year above

of

written.

Killing sound horses.] This Act, however, shall not extend to any currier, felt-maker, tanner, or dealer in hides, who shall kill any distempered or aged horse, &c., or purchase any dead horse, &c., for the bona fide purpose of selling, using, or curing the hide or hides thereof, in the course of their respective trades; nor to any farrier employed to kill aged and distempered cattle; nor to any person who shall kill any horse, &c., of their own or other cattle, or purchasing any dead horse, or other cattle, to feed their own hounds or dogs, or giving away the flesh thereof for the like purpose. Id. s. 14. But if any collar-maker, currier, felt-maker, tanner, or dealer in hides, or farrier, or other person, shall, under colour of their respective trades or occupations, knowingly or willingly kill any sound or useful horse, gelding, mare, foal, or filly, or boil or otherwise cure the flesh thereof for the purpose of selling the same, such collar-maker, and other tradesman or person, shall be deemed and taken to be an offender within the meaning of this Act, and shall, for every such offence, forfeit any sum not exceeding twenty pounds, nor less than ten pounds. Id. s. 15.

Putting the hide into lime.] If any person, keeping or using any such slaughtering-house, shall throw into any lime-pit, or otherwise immerse in lime, or any preparation thereof, or rub therewith, or with any other corrosive matter, or destroy or bury the hide, skin of any horse, &c., by him slaughtered, or flayed, or shall be guilty of any offence against this Act, for which no punishment or penalty is expressly provided or declared: misdemeanor, fine and imprisonment, and such cor

poral punishment, by public or private whipping, as the court shall direct. Id. s. 9.

Lending slaughtering houses to others.] If any person shall occasionally lend any house, barn, stable, or other place, for the purpose of slaughtering any horse, &c., without taking out such licence as aforesaid, and shall be thereof convicted before any justice of the peace for the county, &c., wherein such person shall reside, upon the oath of two credible witnesses, he shall forfeit any sum not exceeding twenty pounds, nor less than ten pounds; one moiety thereof to be paid to the informer, and the other moiety to the poor of the parish where ths offence shall be committed; and which said last-mentioned moiety shall, upon payment thereof, be immediately transmitted by the justice so convicting to the overseers of the poor of the said parish; and in case such penalty shall not be forthwith paid, such justice shall commit the offender to the common gaol or house of correction, for any time not exceeding three calendar months, nor less than one, unless the said penalty shall be sooner paid; Id. s. 13; and the form of such conviction shall be as follows, or to the like effect:-Id. Be it remembered, that on this day of - A. B. was convicted, upon the oaths of two credible witnesses, before me C. D. one of Her Majesty's justices of the peace for the county of for occasionally lending a house [or place, as the case may be], for the purpose of slaughtering horses, [or, as the case may be, of slaughtering cattle for other purposes than for butcher's meat], without a licence for that purpose first obtained, according to the statute in that case made and provided. Given under my hand and seal, the day and year above written.

In what cases, persons bringing horses, &c., may be committed.] In case any person, who shall offer to sale, or shall bring any horse, &c., to any person keeping such slaughteringhouse to be slaughtered, or being dead, to be flayed or skinned, shall not be able, or shall refuse to give a satisfactory account of himself, or of the means by which the same came into his possession; or if there shall be any reason to suspect that such horse, &c., is stolen, or otherwise unlawfully obtained, the person keeping such slaughtering-house and his servants, &c. and also the said inspector or his servants may seize and detain such person, and every such horse, &c., so brought or offered to sale as aforesaid, and to deliver such person into the custody of a constable or other peace-officer, who shall immediately convey such person before a justice of the peace for the county, &c. where the offence shall be committed; and if such justice shall, upon examination and enquiry, have cause to suspect that such horse, &c., is stolen or unlawfully obtained, such justice may commit such person into safe custody, for

any time not exceeding the space of six days, in order to be further examined; and if upon either of the said examinations, such justice shall be satisfied or have reason to believe that such horse, &c., is stolen, or illegally obtained, the said justice is hereby authorized and required to commit the person, so bringing or offering the same to sale, to the common gaol or house of correction of the county, &c., wherein the offence shall be committed, there to be dealt with according to law. Id. s. 7.

Inspector's books to be produced at sessions.] The book of every inspector shall be produced at every general quarter sessions of the peace, to be holden in and for the county wherein any such licence shall be granted, and delivered to the justices of the peace at such general quarter sessions assembled, then and there to be examined by them as they shall think fit. Id. s. 12.

Witnesses.] Any justice of the peace, before whom complaint shall be made for any offence against this Act, may summon such person as he shall think proper, to appear before him at a day certain, to give evidence touching any offence committed against this Act; and in case such person or persons shall wilfully refuse or neglect to attend, or give evidence touching such offence, he shall forfeit the sum of ten pounds; and in default of payment thereof, or in case of inability to pay the same, shall stand committed to the common gaol or house of correction, for any time not exceeding three calendar months, nor less than one calendar month, unless the said penalty shall be sooner paid. Id. s. 16.

Rated parishioners shall be deemed competent witnesses. Id. s. 17.

HOUSEBREAKING.

See-" Burglary."

HOUSE OF CORRECTION.

See-" Gaol."

HUE AND CRY.

In what cases and how.] Hue and cry is the ancient mode in this country of pursuing felons, for the purpose of apprehending them; and it may still be adopted. It may be levied, either with or without the warrant of a justice of the peace: it may be levied by a constable without warrant, upon information given to him of a felony being committed, and a description of the offenders, if such description can be given; or a justice of the peace may grant a warrant for it, upon the like information.

The following may be the form of the warrant :—

Berkshire to wit: To all constables and other officers, as well in the said county of Berks as elsewhere, to whom the execution hereof doth or shall belong

Where is A. B. of hath upon his oath informed me, L. M. one of Her Majesty's justices of the peace in and for the said county, that on —— at, [here describe the offence, and that it was committed either by a person by name, or by "a certain person to him unknown," and then going on to describe the offender if the informant can give any such description;] and that the said [person unknown], immediately after he so committed the said felony as aforesaid, absconded, and hath not as yet been apprehended. These are therefore to command you forthwith to raise the power of the towns within your several precincts, and to make diligent search therein for the person above described, and to make fresh pursuit and hue and cry after him from town to town, and from county to county, as well by horsemen as by footmen; and to give due notice thereof in writing, (describing in such notice the person and offence aforesaid), unto every next constable on every side, until they shall come to the sea shore, or until the said offender shall be apprehended. And that all persons whom you or any of you shall, as well upon such search and pursuit as otherwise, apprehend or cause to be apprehended, as justly suspected of having committed the said felony, you do carry forthwith before some one of Her Majesty's justices of the peace in and for the county or place where he or they shall be apprehended, to be by such justice examined, and dealt with according to law. And herein fail ye not, upon the peril that shall ensue thereon. Give under my hand and seal at day of in the year aforesaid.

this

This warrant describes sufficiently the duty of the constables in the execution of it.

Not levying or pursuing it.] If a constable do not levy hue and cry when he ought, or if others do not pursue it when required, they are punishable upon indictment with fine or imprisonment, or both. 3 Inst. 117. 3 Ed. 1. c. 9.